COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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must establish‚ beyond reasonable doubt‚ before a person can be convicted. Before you go any further please listen to audio presentation 2 which you can access from the criminal law page of the VLE. It is important that you do so as it will give you an overview of the topic and guidance on the terms considered in this chapter (i.e. actus reus and mens rea). You will now be aware that every offence is defined somewhere – either in a statute or at common law – and will be composed of a number of elements
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Different aspects of law There are four aspect of law namely: 1. Public and private law: Public laws are those laws that are relevant to matters affecting the entire community for examples laws about criminal activity or the environment. Public law involves interrelationship between the state and the general population. While private law involves interactions between private citizens or it applies to the relationship between an individual and the government. 2. Criminal and civil law: Criminal is a
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QUESTION: Discuss the salient dimensions of administrative justice and making reference to case law highlighting the most important rights linked to administration of justice. AUTHOR: KATALILO JOY INTRODUCTION This paper will be a discussion of the leading dimensions of administrative justice and will highlight the fundamental rights linked to administration of justice. Governments exist to provide guidance to its people. In fulfilling this important duty‚ governments make decisions
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system includes laws that are developed from two sources: common law and statutory law. Common law is created by judges in a court hierarchy‚ using an approach called the doctrine of precedent. Statutory law is law written in parliament by the leaders of the country or state‚ depending on where the power to legislate lies. Both common law and statutory law are components of substantive law‚ which concerns the actual content of law and procedural law‚ which concern the way in which law is constructed
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Business Law Assignment; Mistake in contract law‚ is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken‚ but the other party knows‚ or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While‚ voidable is an agreement that may be affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view that these
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enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3. Consideration must pass between the parties 4. The parties must intend the agreement to be legally binding 5. The parties must have the legal capacity to enter into a contract 6. The contract cannot be for an illegal purpose. This essay will explore aspects of contract law based on two scenarios
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Course Assignment #3 Sow 301 Human Behaviors and Social Environment Abortion Law Assignment Sept. 5. 2012 Now in North Carolina‚ there are stricter restrictions on how and when women can get abortions. According to the Harold Sun. women will have to wait 24 hours before an abortion. Based on this similar law and impacts in other states‚ the restrictions would cut more than 27‚000 abortions and result in about 2‚900 additional births per year according to the fiscal
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LAWS OF MALAYSIA REPRINT Act 365 KIDNAPPING ACT 1961 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION‚ MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 365 KIDNAPPING ACT 1961 First enacted … … … … … … 1961 (Act No. 41 of 1961) & 1963 (Act No. 5 of 1963) 1989 (Act 365 w.e.f. 13 April 1989) Revised ... … … … … … … PREVIOUS
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concepts to understand in this subject. These three tenets are as follows; law is whatever a judge decides it is‚ law and morality are independent of each other‚ and rights are conferred. This is in opposition to the theories of natural law and legal positivism. During this chapter we will examine three separate works from three different authors. The first article is "Legal Realism" by Jerome Frank‚ the second is "The Path of the Law" by O.W. Holmes Jr. and the third selection is "Ships and Shoes and
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