Need for Interpretation In his The Law-Making Process‚ Michael Zander gives has stated the three reasons why statutory interpretation is necessary: 1. Intricacy of statutes with respect to the way of the subject‚ various artists and the mixture of legal and technical language can bring about incongruity‚ obscure and questionable language. 2. Anticipating the future occasion’s prompts the utilization of uncertain terms. Statutes are interpreted by the judges. Case of indeterminate dialect incorporate
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Assignment 1: Law and Healthcare HSA515 Health Care Policy‚ Law and Ethics Dr. Harold Griffin January 22‚ 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally‚ this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations
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judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.” Generally‚ the position judges adopted is to interpret the law instead of concerning with the justice of their decisions. In modern tie‚ there is still existence of powerful ideology that denies any creative role to judges. The popular view of the judges is not to give the judge a law-making
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The University of Baltimore Law Review University of Baltimore Law Review Summer‚ 1997 26 U. Balt. L. Rev. 1 LENGTH: 2902 words SYMPOSIUM: Developments in International Commercial Law: AN INTERNATIONAL RESTATEMENT: THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS NAME: E. Allan Farnsworth * BIO: * Alfred McCormack Professor of Law‚ Columbia University. B.S.‚ 1948‚ Michigan; M.A.‚ 1949‚ Yale; J.D.‚ 1952‚ Columbia University; LL.D.‚ 1988‚ Dickinson College of Law; docteur honoris causa‚ University
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exercise of the royal prerogative give rise to serious constitutional questions concerning the rule of law in a democratic society.” Critically assess this statement. The first task of this essay is to say what the royal prerogative is. Then this essay will attempt to examine the scope and exercise of the said royal prerogative. Lastly this essay shall consider what issues regarding the rule of law are touched upon by the vexatious issue of the royal prerogative. The royal prerogative is a series
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Explain the relationship that you think exists between law and justice. The relationship between law and justice has always been a topic of great controversy. Many people rely fully on the law to bring about‚ what they believe‚ to be justice‚ while others are of the opinion that the law is too ‘black and white’ to be wholly regarded as just. The debate of whether a jury is an effective way of bringing forth justice has been present for centuries. The opinion that it is not a reliable way
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TUTORIAL WEEK 3 TOPIC: APPLYING THE LAW LEARNING OBJECTIVE: 1. To understand how laws and the legal system are used to solve legal problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter
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Doctrine of fixtures in property law The doctrine of fixtures is applied to determine if an object is a fixture.1 This common law provides that what is annexed to the land becomes part of the land‚ “quicquid plantatur solo‚ solo credit”‚ and adopts the character of real property.2 For this to transpire all circumstances surrounding the annexation to the land are examined‚ including but not limited to the degree of annexation and the purpose of annexation.3 Through this both objective and subjective
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The two legal systems in question are the adversary system‚ most commonly practiced in the United States‚ and the civil law system‚ also referred to as the inquisitorial system‚ most commonly practiced in European countries. Both systems have the same goal; to find the truth. However‚ each system has a very different path to justice. The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of an individual. In this scenario‚ the judge is required
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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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