their cases will be decided fairly and in accordance with the law. When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources. It could arise from improper pressure by the executive or the legislature‚ by individual litigants‚ particular pressure groups‚ the media‚ self-interest or other judges‚ in particular more senior judges. Why is independence important? It is vital that each judge is able to decide cases solely
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Civil law study guide Chapter 1 1. Why does the study of law involve more than simply memorizing rules? simply memorizing the holding or "rule" of a case‚ you must be able to identify the particular factors that led the court to decide the case the way it did‚ and then determine whether those same factors are present in the case you’re now considering. 2. What is legal reasoning? The applying of the legal rules to a client’s specific factual situation 3. What is the doctrine of stare decisis
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Civil Law Aims‚ Parties‚ Why we require civil law and areas of civil law. A civil case is a lawsuit between one person (or organisation) against another. To right a perceived wrong in a legal sense. It can include cases of defamation‚ neighbour disputes‚ negligence leading to personal injury or the recovery of debts. Judgements in a civil case could include payment of damages (and court costs) or an enforceable court order. The purpose of civil law is to uphold the rights of individuals and
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Many Continental European systems use the "civil law" method. Under that system‚ all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side’s view‚ he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also‚ do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment‚ in addition
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QUESTIONS What is Law? 1. The law in the United States has been influenced by English‚ but not by French or Spanish law. F [moderate p. 3] Law is intended to protect persons‚ but not their property‚ from unwanted interference from others. F [easy p. 3] Businesses that are organized in the United States are subject to its laws‚ but not to the laws of other countries in which they do business. T [moderate p. 3] Promoting social justice is a function of the law. T [moderate p. 4] Law serves the functions
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should not do. However‚ some rules that are made by the state or the courts are called "laws". Laws resemble our moral compass because they are designed to control the way we do things and determine what is right and what is wrong. But unlike our own moral compasses‚ laws are enforced by the courts; if you break a law‚ even if you like that law or not‚ you may be forced to pay a fine or go to prison. The purpose of laws is to help keep our society under control and provide a safe place for people to live
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Common law and equity: the reasons behind the creation of equity. What is it and how is it different from common law? What is the present relationship between common law and equity? Methodology In order to provide a broader image of the principles applied by equity and the common law‚ secondary research was carried out. The process involved both gathering information from the internet websites and Business Law textbooks. Findings The development of English
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When are we justified in breaking the law? In the case of Socrates I believe him breaking the law was justifiable‚ although I don’t believe what he did was really breaking the law especially today in modern government. Today we are free with our speech‚ press and free to do what we want within limitations of laws. According to Mill “The only freedom which deserves the name‚ is that of pursuing our own good in our own way‚ so long as we do not attempt to deprive others of theirs‚ or impede
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Tutorial 3 Making the Business Case Multiple Choice Questions 1. A mature‚ stable industry may need IS to ________ the current pace of operations‚ while a company in a newer‚ more volatile industry (i.e.‚ a cellular phone company) may find it more important to __________________ technology. a. reduce‚ outsource b. maintain‚ be on the leading edge of c. advance‚ reduce d. accelerate‚ maintain 2. Porter’s five forces include: a. competitors‚ new entrants‚ customers
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LANGUAGE OF THE LAW Characteristics of the courtroom discourse Eva Přidalová Introduction In all societies‚ law is formulated‚ interpreted and enforced: there are codes‚ courts and constables. The greater part of these different legal processes is realised primarily through language. “Language is medium‚ process and product in the various arenas of the law where legal texts‚ spoken or written‚ are generated in the service of regulating social behaviour.”1 In the Anglo-Saxon common law system‚ a discrete
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