English lawyers, a question :-)

[Deleted]

I have a question on the rules in English criminal appeals:

under German law, for an appeal to be successful it takes (this is very roughly stated, so don't cite me on it, I just take the general idea)

1) an illegal (e.g. unconstitutional) law or the erroneous application of a legal law

and

2) that the initial ruling was "based on" the legal error as prescribed in #1

My question goes to #2: I find something very similar in America under certain circumstances, where this is called the prejudice requirement.

Is there anything that can be compared to this "ruling needs to be based on..."-requirement in England?
Or how else is it determined whether the appeal will have success?

Ta,
Ash

[Deleted]

I am not a expert here but I do know that the whole Uk justice system is built upon the principle of precedent, meaning courts are bound by their previous decisions or those of higher courts.
So a higher court may quash the decision of a lower court on appeal if the lower courts decision went against precedent...for example there is a estabalished precedent in English law that no-one under 14 can be criminally responsible, however this precedent was set aside by a court because the judges felt it was no longer valid. However the defendants lawyers made a succesful appeal to the highest court in the system (the law lords) who reversed the decision on the basis that it went against precedence.

[GlennF]

Note to everyone: The above poster is NOT TC!

[D.E.E.]

GlennF said:

Note to everyone: The above poster is NOT TC!

Yea I know he is Tim C. sad but true.

[Deleted]

@ TimC: Thanks for your response

@ Glennie: how long will it take you to get over it?

@ D.E.E.: What's so sad?

[D.E.E.]

Ashley said:

@ D.E.E.: What's so sad?

[glow=green,2,300] What is sad it that Tim C can not be more originial and not take a name that has been used by another poster no matter if they are on this board now or not. [/glow]

[Deleted]

D.E.E. said:

[glow=green,2,300] What is sad it that Tim C can not be more originial and not take a name that has been used by another poster no matter if they are on this board now or not. [/glow]

but... there's not the slightest chance he would be mistaken for the old TC, is there? ;D

nah, I know what you're saying, but it's not THAT much of a deal, anyway. (or so I was told earlier when some Anti posted under ...well... "my" handle)

[Charlene]

Ashley said:

but... there's not the slightest chance he would be mistaken for the old TC, is there? ;D

nah, I know what you're saying, but it's not THAT much of a deal, anyway. (or so I was told earlier when some Anti posted under ...well... "my" handle)

I'd have to agree with D.E.E. on the handle issue. Since Tim C. was well-known on the other board, and well knew that TC was also well-known, I think it is poor judgement to choose that handle, regardless of whether TC has posted at the new version of the board or not. Simply for reasons of continuity, I think Tim C should use his old handle.

[D.E.E.]

Ashley said:

but... there's not the slightest chance he would be mistaken for the old TC, is there? ;D

nah, I know what you're saying, but it's not THAT much of a deal, anyway. (or so I was told earlier when some Anti posted under ...well... "my" handle)

It is not a huge deal with me but I find it a little sad that he does it knowing the other poster. The one who posted using your handle did not know you, at least I do not think they did. He can post as TC but I will call him Tim C. I just find it a little sad he could not be a little more original.

[Deleted]

Charlene said:

I'd have to agree with D.E.E. on the handle issue. Since Tim C. was well-known on the other board, and well knew that TC was also well-known, I think it is poor judgement to choose that handle, regardless of whether TC has posted at the new version of the board or not. Simply for reasons of continuity, I think Tim C should use his old handle.

Hi Charlene!

I am not actually defending TimC's choice as I preferred his old name also. However... in relation, I think there's weirder transformations going on on this board than this one from "TimC" to mere initials.
After all, no one has any doubts as to Tim's identity and he doesn't suddenly claim being black. Also he doesn't post entirely nonseniscal racist crap under his new handle.
If you know what I mean?

Sincerely,
Ash

[Deleted]

Hi guys,

I actually have always wanted to post as TC (I do on other internet mesage boards I post on) but as the name was taken I didnt. I started using this handle many years back on the internet, so wether or not I am a name plagurist is open to question Perhaps you should blame my parents for naming me not being original and naming me Tim Collins....DEE??

As the other TC doesnt post here and has no intention of posting here (I left it for a while to be sure ) I thought that it would be ok to change as surely everyone would know the difference.

Char, as you want me to change back I will in a couple of days.

(these two days are for you Glenn) ;D

[Charlene]

T(im) said:

Char, as you want me to change back I will in a couple of days.

Thanks Tim.

[Alesha]

Hey! I would like to know what are some good reasons to be against the death penalty. U know so I can make up my mind. Because right now I'm a little confused! Thanks!!

[Deleted]

There are few logical reasons to be opposed to the death penalty. Mostly those who are opposed to it are using emotional reasons.

Guest-Alesha said:

Hey! I would like to know what are some good reasons to be against the death penalty. U know so I can make up my mind. Because right now I'm a little confused! Thanks!!

[Donnie]

If you want to murder someone.

Guest-Alesha said:

Hey! I would like to know what are some good reasons to be against the death penalty. U know so I can make up my mind. Because right now I'm a little confused! Thanks!!