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g friendly and having an access to the defendant in his office, he had the opportunity to use police national computer to trace registration number of two vehicles, one on each count apparently for the purpose of his business and to get registration information about the said vehicles from the data available on line for this purpose.
In one instance out of two, there was no access to data base as the vehicle for which search was made was owned by a company and not by an individual and on the other there was an activation of database as the record of the person so required was available in the data base and hence, it was seen. Mr. English, being the outsider was not authorized to access the database and the defendant in this case was accused of unauthorized use of the information contained in the database as per the provisions of aforementioned Act 1984. It is, however, established that there was no subsequent use of that data from any quarter concerned. Defendant took the plea that there was neither unauthorized use of the data in terms of the provisions of the Act 1984 nor any act in contravention of the law is committed by the defendant and hence pleaded non guilty. Court of first instance pronounced him guilty on both of the accounts whereas the court of appeal overruled the decision of trial court.
In the case of R v. Dixion, defendant was charged with an offence under Data Protection Act 1984 on two accounts. First charge was that he tried to use the National police data for which he was unauthorized. Second charge was that he actually used the data for which he was not authorized. The court of first instance found him guilty on both the above mentioned instances. The defendant went into appeal against the decision and as the result of the appeal following legal questions were raised and discussed by the court.
It was debated that what constitute data in terms of the Act of 1984. The language of the Act 1984 Section 1(2) describes the data as information
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During 1060’s Guatemala has experienced a destructive civil war. It was chiefly after this period that civil law in Guatemala was remodeled and new provisions were implemented. It resulted in significant changes in criminal procedural codes of Guatemala1.
11 B) ‘Harm’ In the Context of the Second Element of Manslaughter Means Physical Harm and Does Not Include Emotional Disturbance 12 C) ‘Harm’ In The Context Of The Second Element Of Manslaughter Includes Injury To The Person Through The Operation Of Shock Emanate From Fright, As This Can Produce Devastating And Lasting Effects, For Instance Upon The Nervous System 13 D) The Trial Judge Had Misdirected the Jury 13 E) In Deciding Whether The Reasonable Man Would Have Seen The Risk Of Harm, The Test Can Only Be Undertaken Upon The Basis Of The Knowledge Gained By A Sober And Reasonable Man As Though He Were Present At The Scene Of And Watched The Unlawful Act Being Performed 14 Question
When a case is decided by a judge then his decision and the basis of the case becomes a precedent which other courts follow while deciding a case which is similar in nature. The systems of rules of Common law is dependent more on judicial decisions and less on civil law systems which in turn is dependent mainly on written laws and statutes.
De Crespigny leased land to Baily and agreed that he would not build on the land opposite that on which the premises stood. Subsequently a railway company compulsory acquired De Crespigny's land under the statutory powers, and the company built on it. It was held that Daily's obligation under the lease "not to build on it" had been discharged by change in law.
Companies in the USA are not left behind. There are multinational corporations such as Mobil, General Motors, and MacDonald's, to name but a few, that have worldwide presence. A point of concern is whether the US companies that operate in other countries have to abide by the US laws.
rpose of this research is to analyze the complexity involved in MNCs business in the areas that have legal implications like insider trading laws , intellectual property issues pertaining to launch of a new product , hiring and dismissing employees , an age discrimination case
They also brought evidence to show that in other dealings, there had been substantial deviations from stated quantities and prices. According to Morgan, Shedd and (Coley 789), the evidence by Royster is admissible in court since from the previous dealing it is
case against the ABC Corporation, remedies under Title VII include: paying him back for or compensating Rasheed loss accrued from the termination, rehiring, promoting him to another position, reinstating him to his position before termination or taking an action that
Three theories of ethics have been discussed in the paper to justify steps that an employer can consider in such situations and certain recommendations have been proposed so that situation of substance misuse at workplace can be resolved appropriately.
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