PHL 354: Philosophy of Law Philosophy Tutoring Monday- 6-8 134 Kedzie Week 02 Lecture 02 Philosophy and the Law (3-14) If there were no law would there be a society? Why have Laws? If we had no agreement in law we wouldn’t be a society‚ in a sense having some sort of rules makes us a society. We need a sense of rules and governance to have order and society to exist. Beneficial to US Prevent Fighting: Those of you who have read Thomas Hobbs‚ this idea of it would be a war of
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only used amongst others. Ie- adaptability‚ capability‚ type of work‚ sickness‚ performance‚ appraisals‚ qualifications‚ skills‚ disciplinary record. Volunteer redundancy- Be careful what you ask for! Obliged to consultation‚ don’t have to agree. Case law suggests three stage test: was the employee dismissed? if so‚ had the employer’s requirement for employees to carry out work of a particular kind ceased or diminished‚ or was it expected to cease or diminish? if yes‚ was the dismissal caused wholly
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PROPERTY LAW 2013 Contents 1. Rights Above and Below Land……………………………………………………. 3 2. Fixtures and Related Matters……………………………………………………… 7 3. Co – Ownership……………………………………………………………………. 12 4. Easements………………………………………………………………………….. 26 5. Covenants………………………………………………………………………….. 35 6. Adverse Possession………………………………………………………………... 46 7. Native Title Legislation and Indigenous Land Rights Legislation………………... 60 1. Rights Above and Below Land Cuius est solum eius usque ad coelom
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3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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ECONOMICS: PROPERTY LAW QUESTIONS THAT PROPERTY LAW MUST ANSWER • How are property rights to be initially assigned? Or How does one acquire ownership of something? What are the consequences of the nature of ownership – private‚ public or un-owned? May one property-owner maximizing her own utility offend her neighbor thus lowering his utility? When does an event constitute a “nuisance”? • • • PELZMAN: PROPERTY LAW 3/23/2013 2 QUESTIONS THAT PROPERTY LAW MUST ANSWER •
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Sources of Law Constitutional Law (Federal and State) Statutory Law at the Federal Level Statutory Law at the State Level Local Laws of Cities‚ Countries and Towns Common Law Court Decisions-provide interpretation or clarification of the law stare decis Custom Federal Court U.S. is a party Federal question-arising under federal law Diversity of Citizenship Jeff Bauman v. Dzhokar Tsarnaev – Civil or Criminal? If Jeff Bauman was to sue‚ it would be a civil case because the individual
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Public International Law Summary 2001 Creation and Ascertainment of International Law Sources of International Law -int’l law governs actions between states and represents the laws that they have voluntarily assented to through conventions‚ treaties or by usages generally accepted as expressing principles of law established in order to regulate the relations between coexisting legal communities with a view to the achievement of common aims Statute of the International Court of Justice Article
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LAND LAW INTRODUCTION REVISION NOTES What is land? Law of Property Act 1925 s.205 (1)(ix) Land includes land of any tenure‚ and mines and minerals‚ whether or not held apart from the surface‚ buildings or parts of buildings (whether the division is horizontal‚ vertical or made in any other way) and other corporeal hereditaments; also a manor‚ an advowson‚ and a rent and other incorporeal hereditaments‚ and an easement‚ right‚ privilege‚ or benefit in‚ over‚ or derived from the land Law
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Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
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Chapter 2 (Topic 2): Registration and its effects Characteristics of a company -Companies are artificial entities with rights and liabilities separate from their shareholders or members -s119: company comes into existence as a body corporate at the beginning of the day on which it is registered with the name specified in its certificate of registration -This legal entity is separate from its members so assets of the company are not the assets of its members and contracts entered into
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