midterm. CIVIL LITIGATION CHAPTER 1 True/False 1. Most aspects of civil litigation occur in the courtroom. 2. The rules of civil procedure differ substantially from the rules of criminal procedure. 3. Rules and procedures of civil litigation are consistent from state to state. 4. In some states the initial pleading in a lawsuit is called a petition. 5. The most common method of resolving civil disputes is settlement. 6. Arbitration is a form of settlement. 7. Case law has little
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Laws requiring registration and community notification for convicted sex offenders are not constitutional. Megan’s Law deals with child molesters and sex offenders by requiring a public registration when they are released from incarceration. The concern with registering sex offenders has progressed to a nationalized level‚ with the government requiring every state to have some form of law that deals with Megan ’s Law (Menendez‚ 251). However‚ is this law constitutional? In this position paper the
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LAW OF EVIDENCE The Evidence Law deals with deciding which Evidence should be and which shouldn’t be used in arriving at a decision by the Court and‚ sometimes‚ the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount)‚ quality‚ and type of proof needed to prevail in litigation. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. This includes such concepts as hearsay
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Business Law “The doctrine laid down in Salomon v Salomon & Co Ltd [1897] AC 22 has to be watched very carefully. It has often been supposed to cast a veil on the personality of a limited company through which the courts cannot see. But that is not true. The courts can‚ and often do‚ draw aside the veil. They can‚ and often do‚ pull off the mark. They look to see what really lies behind” - Lord Denning in Littlewoods Mail Order Stores v Inland revenue Commissioners [1969] 3 All ER 422.
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Phoenix 2008 The Role of Law Law is a system or collection of “principles and regulations established in a community by some authority and applicable to its people.” (Dictionary.com) In the past‚ people viewed law as an unchanging factor that was a part of the natural order of life. Today‚ most lawmakers view law as a flexible instrument that can be used to accomplish a chosen purpose. “One strength of this instrumentalist attitude is its willingness to adapt the law to further the social good
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University of Macau BBEL 230 –Business Law I Macau‚ 28 March 2010 MID-TERM EXAM (Part I) |Write your full identification‚ Western name and section. | |Only the legislation‚ without any forbidden notes‚ can be used. | |Dictionaries are allowed.
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The rule of law is a system of rules and rights that enables fair and functioning societies. The World Justice Project defines this system as one in which the following four universal principles are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear‚ publicized‚ stable‚ and just; are applied evenly; and protect fundamental rights‚ including the security of persons and property. The process by which
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The fairness of the law It is very important for a legal system to ensure that there is fairness across the board for those involved in the legal system‚ whether defendants‚ plaintiffs‚ or others. There are two ways in which the legal system ensures fairness. On one hand‚ there are the general presumptions and procedures to ensure a fair trial or court hearing. On the other‚ there is the system of law which is intended to ensure fairness in society; this is known as the Law of Equity. Justice
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-Bona Fide Occupational Requirement: is a genuine requirement for a job‚ such as‚ for example‚ the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason. Bona Fide occupational requirement can be rejected if a male does not have the care‚ attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women
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Customary International Law in the 21st Century: Old Challenges and New Debates 1. Roozbeh (Rudy) B. Baker* 1. *Adjunct Professor of Law‚ Pepperdine University‚ Malibu‚ Cal. BA‚ University of California at San Diego; JD‚ University of Illinois; LLM‚ University of California at Berkeley; PhD Candidate (Politics and International Relations)‚ University of Southern California. Email:Rudy.Baker{at}yahoo.com. Next Section Abstract This article will survey the new non-traditional scholarship which
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