judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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WOMEN’S RIGHTS IN INDIA: ACTS‚ LAWS AND POLICIES Protection of Women from Domestic Violence Act‚ 2005 (PWDVA) The PWDVA came in to force on the 26th of October 2006 as a National Law spanning all of India except for the state of Jammu & Kashmir. The Act is supposed to provide quick protection and relief to women facing domestic violence. Some of the salient features of this Act are: * Only women can avail of the remedies provided under this Act. * The Act provides a broad definition
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Curtin Business School School of Business Law and Taxation Unit Outline 11011 Business Law 100 Semester 1‚ 2013 Unit study package number: Mode of study: Tuition pattern summary: Credit Value: Pre-requisite units: Co-requisite units: Anti-requisite units: Result type: Approved incidental fees: Unit coordinator: 11011 Internal Seminar: 1 x 3 Hours Weekly This unit does not have a fieldwork component. 25.0 Nil Nil Nil Grade/Mark Information about approved incidental fees can be obtained from our
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Law‚ The Multifaced Phenomenon What is law? This is one of those questions that is impossible to give one definite answer to since law is a multifaced phenomenon. Law is an extremely complex subject that could mean different things to various people. There is no single definition that could fit to everyone’s mindset. I believe that law‚ this multifaced phenomenon is everywhere and shows its dissimilar sides to all of us. It surrounds us in every aspect of our lives. Law is there when you drive
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This task is an extension of the content discussed in p4 where i discussed the role of lay people. Also i described the background of magistrates and jury. I also talked about formal requirements‚ qualifications‚ restrictions‚ selection and training to become part of the magistrates. Also explained what is needed to become part of the jury for example the eligibility‚ what disqualifications which will restrict you‚ and discretionary excusals. in this assignment to meet the criteria i will need to
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Functions of Laws People in society and business depend on the laws of the United States of America. Business depends on laws to run a profitable organization. Society depends on these laws for their ethical and social behavior. Laws for society and business are written to have checks and balances of rules and regulations. Business and organizations use these laws to enforce business practices‚ trades‚ and business use the law to settle disputes. Laws also help business
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1. Business law topics such as contracts‚ agency‚ and property are primarily governed by the common law. 1. True 2. False 2. In most states judges are appointed. 1. True 2. False 3. The rational relationship test is more exacting than the intermediate test. 1. True 2. False 4-6. Legislative law includes 4. City ordinances 1. True 2. False 5. The Uniform Commercial Code 1. True 2. False 6. The Restatement of Torts 1. True 2. False
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Law of Tort The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability. Tort of Negligence It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have. Elements of negligence To succeed
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a banker’s duty of confidentiality is not absolute. The TOURNIER principles set out four areas where a bank can legally disclose information about its customer. These principles today are still in place and are:- Where the bank is compelled by law to disclose the information. If the bank has a public duty to disclose the information. If the bank’s own interests require disclosure. Where the customer has agreed to the information being disclosed. Liability If a bank discloses information
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Law of Tort What is Tort? - The French word of ‘wrong’ - That set of rules specifying certain actions and omissions as wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have
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