The European civil law system is all about finding the truth‚ even if a lawyer has to lose the case for their client while doing so. The American adversarial system is about winning‚ even if it means avoiding and stretching the truth to do so. Civil law has the laws made by the government and the courts apply them‚ while common law has the judges making the majority of the laws through precedents. The adversarial system uses specific laws‚ precedents‚ and legal rules to determine who wins. It
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will cover these topics: (Australian Law System) The Functions of law‚ Social Cohesion‚Social‚Progress‚Sources of law‚Parliament made law‚Judge-made law Which type of law is sovereign?‚Classification of Law‚Regulation of human behaviour‚Criminal law‚Classifications of Crime‚Objectives of sanctions‚Civil Law‚Types of civil wrongs‚Civil remedies‚Types of civil remedies‚Crimes The Functions of law The two functions are: 1 Social Cohesion 2 Social Progress Laws are needed to achieve these dual functions
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CB561 Business Law Module Guide Campus: Medway Campus Terms: Autumn and Spring Level: 2/3 Credit: 30 Assessment: 70% Exam; 30% Coursework Convenor: Mrs Sue Tarrant Contact Hours 40 hours of lectures; 20 hours of seminars (approximately) Method of Assessment 30% coursework (1 timed assignment and 2 written assessments); 70% written examination Synopsis The law affects our lives in many ways. In the business world you will find that‚ amongst other things‚ it impacts on how businesses
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Law of Contract II Semester 2‚ 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated‚ as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an intermediate
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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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Whether law is an art‚ a science or wisdom Understanding Science is certain and verifiable knowledge by its causes Art is the application of general rules into practise Wisdom is the quality of having experience‚ knowledge‚ and making good judgment subsequently. Analyzing How then is science applied in law? Take for example judicial precedents; they involve a study of rulings made in issues debated on in past cases for the purpose of discovering previously unknown rules. This rules then become
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topic THE LAW OF EVIDENCE AS PART OF ADJECTIVE AND PROCEDURAL LAW Certain procedural rights and duties stem from the law of evidence for eg the right to cross-examine. Eg: motor vehicle accident and A sues B for damages – the plaintiff must prove negligence on the part of the defendant. The court will then order the defendant to pay the plaintiff say R50 000‚00 for damages. This is a delictual claim – substantive law How do we give effect to substantive law? Through the law of evidence
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LAJ 102 MIDTERM REVIEW Law- a written body of general rules of conduct applicable to all members of a defined community‚ society‚ or culture‚ which emanate from a governing authority and which are enforced by its agents by the imposition of penalties for their violations. Culture- the totality of learned socially transmitted behaviors‚ ideas‚ values‚ customs‚ artifacts‚ and technology of groups of people living in a common society. It is the transmission of all sorts of information from generation
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Chapter 1: Introduction and Classification of Law A. * Constitutional Law The federal government and the states have separate written constitutions that set forth the general organizations‚ powers‚ and limits of their respective governments. * Statutory Laws enacted by legislative bodies at any level of government such as the statues passed by congress or by state legislatures make up the body of law generally referred to as statutory law. Also includes ordinances‚ which are passed by municipal
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Court to review law for constitutionality (=extension of power of judiciary) Facts: Outgoing president Adams appoints justices as his last order. Appointments are approved by senate‚ but secretary of state Marshall (who later becomes chief justice) does not deliver them in time. New president Jefferson declares them void. 1. Does Marbury have a right to the commission to be appointed judge? 2. If so‚ does the law grant remedy? 3
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