Wednesday, September 11, 2019
Bring Tare To Justice Case Study Example | Topics and Well Written Essays - 2000 words
Bring Tare To Justice - Case Study Example In October 2007, a winner of the Nobel Prize for Literature donated her money for a campaign that holds Boney Tare accountable for the Anglo-Mesopotistani War in the criminal and civil courts of England. The Lobby started a campaign with the slogan, 'Bring Tare to Justice'. The lobby has approached for advice on the advantages and disadvantages of suing Boney Tare in Civil Courts for Torts of Trespass against Tare in person and against Misfeasance in Public Office. There are thus two ways that justice could be brought against Tare - that is, against Tare as a person and against Misfeasance in Public Office. The potential claimants at the Lobby who can help sue Tare are Omar, who has been interned by the British Army for the last four years in its Detention Facility in Mespotistan, Ali, who was the victim of torture by two British soldiers who were subsequently court-martialled for their acts. Doris, a UK citizen who has never been to Mespotistan, but who is strongly of the opinion Tare should pay exemplary damages to those he has trespassed against. Fatima, whose husband died in the March 2003 bombing raids. Considering an answer to these questions would be the best method to understand the ways in which any legal proceedings could be brought against Boney Tare both on the basis that he has wronged in person and that there has also been Misfeasance in Public Office. After considering the four potential claimants who can help sue and testify against, it can also be decided as to who would be better suited to testify against Tare. For law dealing with the Trespass against the Person, the first issue is whether the English Courts have jurisdiction over a decision taken in England to commit false imprisonments in Mespotistan. Boney Tare can be sued on the basis of Tort or for committing legal wrong of Trespass and Misfeasance. Tort is a branch of Civil law and although similar to criminal law Tort is a case between private parties so in this case, under Tort a case can be brought up against Tare as an individual and Omar who was at the detention facility in Mespotistan or Ali who was a victim of Torture could bring up the case against Tare. The court might order to pay damages to Ali or Omar or stop the wrongful activity (in this case, the invasion and war in Mespotistan). The bilateral aspect of Tort law allows victims to sue the injurers directly without blaming the state and this provision can allow
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