Notions de droit anglais

Résumé du document

Notions de droit anglais, fiche de 2 pages, en anglais



There are trespass upon person (assault relating to the physical integrity which can be a threat of violence; battery which consist in some form of physical contact; false imprisonment) and trespass upon property





I) Trespass, assault and battery

II) False imprisonment

III) Defamation

Extraits

[...] There is an association between false imprisonment and the Habeas Corpus. Weldon v. Home office ( whether a prisoner can bring an action against a governor of prison Defamation Statement = énoncé (pas forcément des paroles, ça peut-être des images ) There are 3 elements to prove defamation: Words are capable to have a defamatory meaning. Words referred to the plaintiff. Statement is public ( as soon as a third person i.e. another person than the plaintiff himself, the statement is public. [...]

[...] Malice ( = intention) does not prove defamation. All citizens have a right to have a good reputation unless it is proven that you don't have such a reputation. Innuendo ( some people understand the words as defamatory, not because of the words themselves, but because of the context. These persons have knowledge of special facts. Means of defence: Prove that defamatory words are true Fair comment ( right to express an opinion, comment or feeling; you have to prove that it is your own opinion Qualified privilege (it can also be absolute privilege) ( it is your duty to make the statement ä å those means of defence, you can prove malice. [...]

[...] Shortly, each reaction must be proportional. A teacher can use force to protect materials or human being in the classroom: you can separate children who are fighting but not punish them or one of them with violence. The police can use force but only if it was justified and police has to prove its authorization. If policemen make an arrest, they have to do it peacefully and to tell you your right ( reason why you are under arrest, right to remain silence, right to have a solicitor during the police examination If the person is resisting arrest, then the police can use force but proportionally. [...]