Habeas Corpus Document that requires a person be brought to determine if he or she is being legally detained i.e. there must be grounds for detention Preliminary hearing Held to determine if there is sufficient evidence to justify a trial Due diligence Defence that the accused took reasonable care not to commit Precedent Legal decision that serves as an example and authority in subsequent similar cases; the legal principle in which similar facts result in similar decisions Marriage Contract
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of precedence and has two aspects: 1) definitional or substantial – the principle of law is found in the precedence called the ratio decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2) Structural: what precedent cases must be followed. Rupert Cross wrote a book called “precedence in legal law” and described the structural component of the stare decisis as “every court is bound
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University of London Common Law Reasoning Institutions Essay Title: “There can be no real argument about it: judges make law. The declaratory theory is more or less nonsense.” Student Number: 120448995 Candidate Number: 150573 Historically there are lots of arguments by the philosophers and the critics that judges make law or not. Actually judges are meant only to interpret the law. This can be seen that somehow they are making law but the question arises whether this is lawful
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Tort law in environmental regulations Actions brought under tort law are amongst the oldest of the legal remedies to abate pollution. Most pollution cases in tort law fall under the categories of nuisance‚ negligence or strict liability.1 The rules of Tort law in India were introduced under British rule. Initially‚ disputes arising within the presidency towns of Calcutta‚ Madras and Bombay were subjected to common law rules.2 Later‚ Indian courts outside the presidency were required by Acts of the
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then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise‚ this essay will evaluate the knowledge of common law and agency relationship. QUESTION 1 a) Four essential elements of a contract should be Offer‚ Acceptance‚ Intention to create legal relations and Consideration. Firstly‚ offer‚ according to Adams(2012)‚ is a full and clear statement of the terms”(p79)
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Ch. 7: Negligence: Elements of a claim: 1. D owed a duty of care to the P 2. breached that duty 3. Breach was the actual & proximate cause of the injury. Duty & Breach of Duty: 1. Person must act as a reasonable person would’ve in the situation 2. P must establish that defendant failed to act as a reasonable person would’ve 3. Defendant owed duty to plaintiff if he was among those who would foreseeably be at risk of harm from the behavior 4.Breach of duty: actions compared to those of a reasonable
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A brief introduction of People’s Republic of China’s Tort Law Student Name: QIAN‚Xin Group: MLM09-01 Student Number:0892439 Table of Contents Background The Tort Liability Law of the People’s Republic of China (‘Tort Law’) which was passed on December 29‚ 2009‚ came into effect since July 1‚ 2010. It is believed that more and more public affairs could damage civil benefits as a result of the rapid development in china’s economy and society. As the response
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CLASSIFICATION OF LAW Objectives of the course:• Enable the students to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law and demonstrate the same in answering questions. • Enable the student to develop the willingness to question and think independently and to find out more in the study of law. • Discuss critically the definition of law • Explain the various scholars position on their attempt to define the meaning of law • Distinguish law from morality;
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1. What is law? (There are 6 functions) A body of rules of action or conduct prescribed by controlling authority. Six functions: keep the peace‚ maintain the status quo‚ preserve individual rights‚ protect minorities against majority‚ promote social justice and provide for orderly social change. 2. What does jurisprudence mean? What does common law mean? Jurisprudence is the philosophy of law. Common law is judicial decisions that don’t involve interpretations of statutes‚ treaties‚ regulations
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judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation‚ refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent‚ the judicial function of declaring and applying the law has a ‘quasi-legislative
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