OTTAWA — Canada's new law legalizing recreational cannabis goes into force on Wednesday. Here are five things about what's legal and. Canada's new law legalizing recreational cannabis goes into force on Wednesday. Here are five things about what's legal and what's not under. We asked local law enforcement officials to weigh in on what you can No. Grand Haven Public Safety Director Jeff Hawke says marijuana.
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If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. The fundamental constitutional principle, inspired by John Locke , holds that the individual can do anything except that which is forbidden by law , and the state may do nothing except that which is authorised by law.
People can sue an agency, local council, public service, or government ministry for judicial review of actions or decisions, to ensure that they comply with the law, and that the government entity observed required procedure.
Criminal law, also known as penal law, pertains to crimes and punishment. First, the accused must commit an act which is deemed by society to be criminal, or actus reus guilty act. However, for so called " strict liability " crimes, an actus reus is enough. Negligence does not carry criminal responsibility unless a particular crime provides for its punishment.
Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances defences can apply to specific acts, such as killing in self defence , or pleading insanity. Another example is in the 19th-century English case of R v Dudley and Stephens , which tested a defence of " necessity ". The Mignonette , sailing from Southampton to Sydney, sank. Three crew members and Richard Parker, a year-old cabin boy, were stranded on a raft. They were starving and the cabin boy was close to death.
Driven to extreme hunger, the crew killed and ate the cabin boy. The crew survived and were rescued, but put on trial for murder. They argued it was necessary to kill the cabin boy to preserve their own lives. Lord Coleridge , expressing immense disapproval, ruled, "to preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it. In the end, the Crown commuted their sentences to six months in jail. Criminal law offences are viewed as offences against not just individual victims, but the community as well.
Also, lay juries are often used to determine the guilt of defendants on points of fact: Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be imprisonment , fines , state supervision such as probation , or community service. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing , legal research, legislation, and rehabilitation.
Contract law concerns enforceable promises, and can be summed up in the Latin phrase pacta sunt servanda agreements must be kept.
Fearing bankruptcy, Carbolic argued the advert was not to be taken as a serious, legally binding offer. It was an invitation to treat , mere puffery, a gimmick. Equally, people had given good consideration for the offer by going to the "distinct inconvenience" of using a faulty product. Some common law systems, including Australia, are moving away from the idea of consideration as a requirement. The idea of estoppel or culpa in contrahendo , can be used to create obligations during pre-contractual negotiations.
Germany has a special approach to contracts, which ties into property law. Their ' abstraction principle ' Abstraktionsprinzip means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason e. Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner.
Torts, sometimes called delicts , are civil wrongs. To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be accidentally hitting someone with a cricket ball. The principles of negligence are illustrated by Donoghue v Stevenson. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out.
She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated.
The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Lord Atkin took a distinctly moral approach, and said,. The liability for negligence The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer 's question, Who is my neighbour? You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. This became the basis for the four principles of negligence: Torts can also involve intentional acts, such as assault , battery or trespass.
A better known tort is defamation , which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation.
Property law governs ownership and possession. Real property , sometimes called 'real estate', refers to ownership of land and things attached to it.
A right in rem is a right to a specific piece of property, contrasting to a right in personam which allows compensation for a loss, but not a particular thing back. Land law forms the basis for most kinds of property law, and is the most complex. It concerns mortgages , rental agreements , licences , covenants , easements and the statutory systems for land registration. Regulations on the use of personal property fall under intellectual property, company law , trusts and commercial law.
An example of a basic case of most property law is Armory v Delamirie . He took it to a goldsmith to have it valued.
The goldsmith's apprentice looked at it, sneakily removed the stones, told the boy it was worth three halfpence and that he would buy it. The boy said he would prefer the jewel back, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice's attempt to cheat him. Lord Chief Justice Pratt ruled that even though the boy could not be said to own the jewel, he should be considered the rightful keeper "finders keepers" until the original owner is found.
In fact the apprentice and the boy both had a right of possession in the jewel a technical concept, meaning evidence that something could belong to someone , but the boy's possessory interest was considered better, because it could be shown to be first in time. Possession may be nine tenths of the law, but not all. This case is used to support the view of property in common law jurisdictions, that the person who can show the best claim to a piece of property, against any contesting party, is the owner.
Obligations, like contracts and torts, are conceptualised as rights good between individuals. Locke argued that our "lives, liberties and estates" are our property because we own our bodies and mix our labour with our surroundings. Equity is a body of rules that developed in England separately from the "common law". The common law was administered by judges and barristers. The Lord Chancellor on the other hand, as the King's keeper of conscience, could overrule the judge-made law if he thought it equitable to do so.
For instance, whereas neither the common law nor civil law systems allow people to split the ownership from the control of one piece of property, equity allows this through an arrangement known as a 'trust'.
Trustees owe duties to their beneficiaries to take good care of the entrusted property. Mr Sandford was entrusted to look after this property until the child matured. But before then, the lease expired. The landlord had apparently told Mr Sandford that he did not want the child to have the renewed lease. Yet the landlord was happy apparently to give Mr Sandford the opportunity of the lease instead.
Mr Sandford took it. When the child now Mr Keech grew up, he sued Mr Sandford for the profit that he had been making by getting the market's lease. Mr Sandford was meant to be trusted, but he put himself in a position of conflict of interest. I very well see, if a trustee, on the refusal to renew, might have a lease to himself few trust-estates would be renewed … This may seem very hard, that the trustee is the only person of all mankind who might not have the lease; but it is very proper that the rule should be strictly pursued and not at all relaxed.
Of course, Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash. Strict duties for trustees made their way into company law and were applied to directors and chief executive officers. Another example of a trustee's duty might be to invest property wisely or sell it. But trusts can also be set up for charitable purposes , famous examples being the British Museum or the Rockefeller Foundation.
Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and overlap. From Wikipedia, the free encyclopedia. This article is about a system of rules. For the social science or theory of law, see Jurisprudence.
For a document passed by legislature, see statutory law. For other uses, see Law disambiguation. For other uses, see Legal disambiguation. Definition of law and Analytical jurisprudence. List of national legal systems. Civil law legal system. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner.
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Politics as a Vocation. The Free Press of Glencoe. Wehberg, Hans October Recreational users of legal age may possess the following amount of marijuana and marijuana products while in public:. Recreational users of legal age may possess the following amount of marijuana and marijuana products on private property:. Landlords possess the right to restrict the use and growth of marijuana on their property.
Check with your landlord regarding their rules about using marijuana, growing marijuana, or making goods containing marijuana in their home or property. The use, growing, transportation and possession of marijuana on federal property including Forest Service, Bureau of Land Management and National Park Service land remains prohibited.
Gifting of recreational marijuana to adults 21 and older is allowed, so long as the amount gifted falls within the personal possession limits and no financial consideration associated with the transfer. Driving under the influence of marijuana remains illegal. Driving under the influence of intoxicants DUII refers to operating a motor vehicle while intoxicated or drugged, including impairment from the use of marijuana.
Adults 21 and older can use recreational marijuana at home or on private property. Public places are places to which the general public has access. This includes, but is not limited to: Bars and restaurants OLCC rules prohibit any marijuana consumption at a premise with a liquor license.
In addition, smoking and vaping in most businesses is limited by the Indoor Clean Air Act. Landlord-owned residences Landlords possess the right to restrict the use and growth of marijuana on their property. That includes to and from Washington and California where recreational marijuana is also legal. Taking marijuana across state lines is a federal offense. Driving within the state of Oregon: If you are 21 or older, you may drive with marijuana in your vehicle within the legal possession limits.
Flying within the state of Oregon: The Portland International Airport does allow airline passengers flying within the state to board with the legal public possession amount 1 ounce of marijuana on them. However, smoking marijuana onboard the plane is strictly prohibited.
Travelers who are traveling outside of the state will be asked to dispose of the marijuana before being allowed to carry on with their travel plans. Still illegal on federal land: The use, growing, transportation and possession of marijuana on federal property including Forest Service, Bureau of Land Management and National Park Service land is prohibited.
Tribal land is sovereign and rules may be different: Federally recognized Indian Reservations possess the right to enter into agreements with the State of Oregon to grow and sell marijuana on their reservations, but they may also disallow possession and use on their sovereign land.
Be sure to check local restrictions before traveling to or through Tribal land with marijuana. To create a well-regulated and prosperous industry, the State of Oregon has enacted several safeguards and structures that both support businesses and also seek to protect people and communities.
Phone recordings: what's legal and what's not
What does New Zealand law say about people secretly recording and which privacy rights come into play? The general rule of is that you can't. In Oregon, it's legal for adults 21 and older to possess and use recreational Gifting and giveaways by individuals is allowed, but may not include any financial . Hint: GPS apps are okay, watching a movie is not further pains to define exactly what Georgia motorists could and couldn't do while driving if it becomes law.