Legal Environment of Business Class Notes 8/19/13 2 Branches of Law Civil vs. Criminal Civil Criminal Burden of Proof (quantum/amount of evidence) b.o.p is on plaintiff who initiates a civil action (51% preponderance of evidence - over 50% of the believable evidence is in the plaintiff’s favor) **Can have both Civil and Criminal in a trial burden of proving the defendant’s guilt is on the prosecution‚ and they must establish that fact beyond a reasonable doubt Remedies
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Question 1a Not all agreement is a legally enforceable contract‚ only certain time of agreement with co-hold to the rule of law of contract will become enforceable and such criteria have to be satisfied. A contract to be legally binding or enforceable must include 4 essential elements as follow: 1) The relevant legal capacity to enter into a contract is the first element despite that there are other 3 existing elements; this is in relation to age and mental condition of the relevant contracting
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four main sources of law in England‚ legislation or Statute Law‚ common law‚ European Union law and the European Convention on Human Rights the United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England‚ Wales‚ Scotland and Northern Ireland. Some law applies throughout the whole of the UK this essay will discuss the operation of Precedent‚ the role played by the Court hierarchical and law reporting Question 1 the different sources of law in England There
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Unjust Laws The United States is homeland for millions of immigrants who risk their lives for a better existence. In Jefferson’s words‚ it is a nation in which “All men are created equal‚ that they are endowed by their creator with certain inalienable rights that among them are Life‚ Liberty and the pursuit of happiness.” Our nation is a country in which equal opportunity if provided for those in search of a better life and our law is meant to apply evenly to citizens and non-citizens alike. However
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Individual in International Law Student`s name: Institution of Learning: The Role of an Individual in International Law At a glance‚ one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement on
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The rule of law is a system of rules and rights that enables fair and functioning societies. The World Justice Project defines this system as one in which the following four universal principles are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear‚ publicized‚ stable‚ and just; are applied evenly; and protect fundamental rights‚ including the security of persons and property. The process by which
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TAXATION LAW: A CASE STUDY ON FCT VS. CITYLINK MELBOURNE LTD [2006] HCA 35 [Name] [Instructor/Tutor] [Course/Subject] [Institution/University] [Date] Q2: FCT vs. Citylink Melbourne Ltd [2006] HCA 35 The case in FCT v Citylink Melbourne Ltd [2006] is build on the law regarding general business income deductions under the Australian taxation law which is based on the Income Tax Assessment Act. The law involved a case between the Federal Commissioner of Taxation and Citylink Melbourne
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Law esasay Hard-up Construction wants to know (a) Whether they have any right against university of South Yorkshire (Their employer) for refusal of payment of additional payment of £600‚000 on top of the original contract price and (b) Whether they are entitled to £50‚000‚ as promised by Ms Barbara Ella.ln order for them to succeed they will have to show that South Yorkshire reluctantly agreeing and Ms Barbara Ella promise was contractually binding. The two issues can be out to be looked at separately
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spewed forth its smoke and ash. The rhetoric and ideology of the rule of law and the criminal Nazi state do not allow for such complications. The [sic] is the lie of law after Nuremberg‚ just as it is the lie of law after Auschwitz. Law continued while six million died. (p.145) David Fraser’s thesis‚ in LAW AFTER AUSCHWITZ‚ is that there is little to distinguish between our fundamental understandings and practices of law and those of German lawyers and judges between 1933 and 1945. He aims to refocus
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Islamic Laws Regarding Marriage Islamic Laws Regarding Marriage Islam recognizes value of sex and advocates marriage. Islam does not believe in celibacy. The Prophet of Islam has said‚ "Marriage is my Sunnah (that is a recommended action of the Prophet) and whoever does not follow my Sunnah is not my true follower" (Ibn Haiah‚ Babun Nikah). Allah has commanded the Muslims to marry: "And marry those among you who are single.... "(24: 33). In Islam‚ marriage is essentially a contract. However‚ the
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