Substantive law is the statutory or written law that defines rights and duties‚ such as crimes and punishments (in the criminal law)‚ civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Substantive law stands in contrast to procedural law‚ which is the "machinery" for enforcing those rights and duties. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings
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fundamental principles governing conduct of warfare on land. Principle of Military Necessity That principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible. This principle limits those measures not forbidden by international law to legitimate military objectives whose engagement offers a definite military advantage. The goal of military necessity is to identify and pursue lawful military
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1 The application of customary law in Kenya: The application of customary law in Kenya requires the development of Kenyan legal system. This is necessary because Customary Law was treated differently during different historical time. Then came colonialism and with the introduction of such things as the region law – common law‚ equity‚ statues‚ -they had profound impact on Customary Law. During the colonialism Africans were allowed to keep their customary law then there came integration period
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Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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plan about doing business‚ and what business we actually do‚ especially international business. The dynamics of this historic process‚ especially in its pervasive economic dimensions‚ continue to spread and deepen the interdependencies linking societies‚ economies and regions. It is today almost impossible to find any country that is untouched by cross-border flows of commerce‚ investment‚ people‚ ideas and images. “Business law” is practiced at the heart of globalization’s changes because it facilitates
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International Business Law Chapter 4 Study Guide (Group 8) Under frustration of purpose clause‚ a contract may be excused if the reason for entering the contract has been changed or has been invaluable. If the valuable part of the contract‚ for example a well known concert singer‚ has become ill‚ the contract may be excused due to the illness of the valuable part‚ the singer‚ of completing the contract. Valid Contract: an agreement that contains all of the essential elements and meets all
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FAKBIK Submitted: December 17‚ 2013 Revised: April 20‚ 2014 An Equitable Marriage Contract in Islamic Law Critics of Islam often focus on the relationships between men and women and argue that Islamic marriages are inherently sexist. Apologists agree that in practice‚ certain interpretations “have so severely restricted woman that marriage becomes an institution of oppression for her.”1 Wadud argues that using marriage as the “means by which a woman is stripped of her individuality and
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2012-2013学年第一学期 实 验 报 告 实验课程名称 Introduction to Law 专 业 班 级 管双联1202 学 生 姓 号 31205737 学 生 姓 名 陈炅堃 实验指导教师 丁扬阳 字数统计：1213 Difference between Common Law and Civil Law In today’s world‚ common law legal systems are in use in England where it originated‚ and in nations that trace their legal heritage to England as
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duty to govern in accordance of law; the role of the courts as guarantor of legality and individual right‚ the priceless gift‚ subject only to constraints by law established‚ of individual freedom.”(Lord Bingham of Cornhill‚ The case of Liversidge v Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual
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Role and Functions of Law Paper | Resource: Case Brief Cipollone v. Liggett Group‚ Inc.‚ et al. in Ch. 2‚ section 2-6‚ “Commerce Powers‚” of the textWrite a 700- to 1‚050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading. Format your paper consistent with APA guidelines. | Role and Function of Law Laws are as ancient as civilization
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