Irish Law * History sources of law * Common Law * Equity Example of the many maxims: i. Those who seek equity must do equity. ii. Equity looks the intent rather than the form. iii. Those who come to equity must come with clean hands. iv. Equality is equity. * Legal sources of Law: There are five legal sources: a. Legislation (Statute Law) b. Subordinate Legislation c. The Irish Constitution 1937 (Bunreacht na hÉireann) d. European Union Law
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Laws are created to maintain equality‚ stability‚ and structure. To maintain order in society‚ laws are established as is punishment for disobeying these laws. Laws are broken down by classification and to some degree‚ may interact with one another. Substantive law sets the ground rules for individuals whereas procedural law is the policy on how to carry out the rules. Criminal law is for the protection of society and civil law is to serve the purpose of compensating someone for a loss due to the
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BRANCHES OF LAW Among branches of law‚ two major fields can be distinguished: private law and public law. The difference between these two branches lies mainly in the parties of the legal relationship in question. Private law signifies rules that regulate the relationships between private individuals (subjects of law who are‚ legally speaking‚ in an equal situation; for example‚ the legal relationship between a buyer and a seller‚ where both parties have certain rights and obligations). Private law covers
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The Difference between Written and Unwritten Constitution are as follows: Written Constitution: Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. It is precise‚ definite and systematic. It is the result of the conscious and deliberate efforts of the people. It is framed by a representative body duly elected by the people at a particular period in history. It is always promulgated on a specific date in history. The Constitution
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example‚ practices the mixed legal system which includes the Common Law‚ Islamic law and Customary Law. Malaysia’s legal system comprises laws which have arisen from three significant periods in Malaysian history dating from the Malacca Sultanate‚ to the spread of Islam to Southeast Asia‚ and following the absorption into the indigenous culture of British colonial rule which introduced a constitutional government and the common law. Malaysia’s unique legal system is designed to balance the delicate
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Adams (2013) also stated that since objective evidences may also be needed in determining the breach of good faith‚ it is easier to bypass the subject test and prove that such conduct failed to act for a proper purpose. Fiduciary duty cases at general law on the proper purpose rule are considered when determining the scope of ‘proper purpose’ in CA s 181 (2). That is to say‚ the two-step process proposed in Howard Smith v Ampol Petroleum should be used under such circumstance to prove the improper purpose
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common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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Frederic Bastiat‚ in his famous essay ’The Law’‚ argued that law’s sole purpose ought to be to serve the people. That means that when the Law becomes tyrannical‚ it is the duty of the people to overturn it. A free society is ensured not by the presence of laws‚ but by the presence of people willing to defend their freedom when laws overstep their boundaries. Thus‚ it becomes necessary to resist law when it is tyrannical‚ to speak through action when words are not loud enough‚ and to rise against
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Constitutional law The Mauritian Parliament has inherited much from the Westminster Model. The Westminster Model is characterised by: * Parliamentary Sovereignty * Separation of Powers between the organs of the State. A. Parliamentary Sovereignty In any state you will find one ultimate source of legal authority. In countries with a written constitution‚ it will be the constitution which has ultimate authority as in Mauritius. In the United Kingdom‚ with its uncodified constitution‚ ultimate law-making
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Law and Society Families of Law Unit 3- Written Assignment Tami Daniels 03/28/2011 Unit 3 Essay- Part Two Name of Country: Great Britain Family of law followed: Common law How disputes are settled: Litigation‚ Arbitration‚ and Mediation How cases are handled: Adversary system; case law takes precedence In this section‚ discuss the following: • How would your friend’s theft be dealt with under the law in this country? In Great Britain‚ the Theft
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