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While the defense argued that the defendants were not guilty of subversion as subverting state power involves the use or threat of force, the court referenced HKSAR v. [read post]
16 May 2024, 10:30 pm by Michael Chatzipanagiotis
In its judgment in C-173/23 Eventmedia Soluciones SL v Air Europa Líneas Aéreas SAU ECLI:EU:C:2024:295 (Judgment), the European Court of Justice (ECJ) ruled on some aspects of the duty of national courts to assess of their own motion the unfairness of contractual terms in the context of air carriage under the 1999 Montreal Convention on the liability of the international air carrier (MC99). [read post]
7 May 2024, 10:44 am
It's notoriously difficult to explain the different types of mens rea requirements imposed by criminal laws to first-year law students. [read post]
19 Apr 2024, 1:38 pm by Michael Oykhman
This was argued in R v Masich, in which it was stated that accused was invited into a residence, instead of breaking into it. [read post]
11 Apr 2024, 1:49 pm by Michael Oykhman
” In R v D(J) the court states that for the charge to be made out, the breach of peace must “flow from the manner in which possession of the real property is taken and not from subsequent events. [read post]
9 Apr 2024, 10:32 am
Existem diferentes áreas de produção, diferentes práticas institucionalizadas, diferentes discursos”.1 Consequentemente, “sua história não tem unidade”: “é uma cintilação em um campo de espaços institucionais”. [read post]
24 Mar 2024, 6:50 pm
The Court concluded there were extensive human rights violations and ordered the State to provide specialized medical assistance to the victims, pay compensation for both material losses and pain and suffering, and publicly acknowledge its wrongdoing. [read post]
21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
“It is not necessary, at this stage, to convincingly show the mens rea of genocide,” however, there must be sufficient evidence to demonstrate “that the acts complained of by the Applicant are, prima facie, capable of falling within the scope of the Genocide Convention. [read post]