CASE LAW REVIEW: VTB CAPITAL PLC v. NUTRITEK INTERNATIONAL CORP & ORS INTRODUCTION The concept of forming of corporations by registration and restricted liability of stake holders of corporations dates back to mid nineteenth century. The concept in its very basic sense means that a company is a separate legal entity‚ in other words‚ it is a juristic person. The company can buy and sell property‚ can sue and can be sued; these are some of the basic legal implications of separate legal entity
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Ethical Scenario-Legal Fees/Financial Matters Scenario 1: A solo practitioner’s wife was diagnosed with valve blockage and needed to have immediate open heart surgery. The hospital required the sum of $42‚000.00 to be paid as a deposit towards their portion of the surgery based on their health insurance policy. The attorney wrote a check to himself from his trust account to cover the deposit required by the hospital. After a successful surgery and recovery by his wife‚ the attorney repaid the
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The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1)‚ a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter‚ the evidence shall not be excluded if it is established that‚ having regard to all the circumstances‚ the admission of it
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pieces of law that have influenced the Canadian Laws we have today‚ but in my opinion I believe the most influential ones are Roman Law‚ the Magna Carta and Common Law. Roman law is made up of two simple yet complex principles: The law must be recorded and justice could not be left in the hands of judges alone to interpret‚ Roman Law also included the 12 tables. If you look at the Canadian law system you realize that these two principles are incorporated into our laws. Once Roman law started recording
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Sources of Criminal Law. Statute/”The Book” vs. Common Law/Case Law A statute is a codified rule or written form of law. A statute identifies a particular rule of law or condition of a particular state or government. Each State has its own constitution; the states constitution and its laws are considered statutes. Generally‚ statutes are named through numbers or codes. Example: In Illinois‚ the definition of a forcible felony is found under : 720 ILCS 5/2-8. 720 is the criminal code‚ ILCS
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The Tragedy of the Commons Response Garrett Hardin’s The Tragedy of the Commons raises awareness on and suggests a solution for overpopulation‚ and Beryl Crowe’s The Tragedy of the Commons Revisited is a refutation of Hardin’s work. While Hardin attempts at discussing every aspect of the population problem‚ he has ignored the population trend that has begun from his era and has taken individual freedoms too lightly. He has also made wrong assumptions‚ thus experiencing Crowe’s rebuttal. The following
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SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules
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Influences on Canadian Law Laws are rules and regulations that help a country run smoothly and prevent humans from doing anything we wish for. Canadian law is a set of laws compiled from different civilizations that consists of the code of Hammurabi‚ the Mosaic Law‚ the Greek Law‚ the Roman law‚ British law etc. Canadian law consists of many different aspects. These include common law‚ Magna Carta’s influence to the development of the Canadian charter of rights and freedom‚ and the trial system
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printed pages of Understanding Property Law by John G. Sprankling where the topic is discussed.] LexisNexis Capsule Summary Property Law PART I: INTRODUCTION Chapter 1 WHAT IS PROPERTY? § 1.01 An “Unanswerable” Question? [1-2] The term property is extraordinarily difficult to define. The ordinary person defines property as things that are owned by people. However‚ the law defines property as rights among people that concern things. § 1.02 Property and Law [2-4] [A] Legal Positivism
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Sources of Irish Law Constitution The 1937 Constitution‚ containing 50 articles‚ is the cornerstone of the Irish legal system. It lays down the rules that govern interactions between organs of the state and between the state and the individual. The legal system is based on common law tradition. It may be invoked by individuals to challenge the constitutionality of laws passed by the Oireachtas. Under the terms of Article 6 of the Constitution‚ sovereignty is vested in the Irish people. However
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