1) The sources of legislation that are binding in Scots law are: European Union UK Parliament Scottish Parliament The European Union (EU) is economic and political union which is located in Europe in Brussels. It consists of 785 members representing the 492 million citizens of the 27 Member States of The European Union. Countries which join EU are Austria‚ Bulgaria‚ Belgium‚ Czech Republic‚ Greece‚ Hungary‚ Portugal‚ Cyprus‚ Estonia‚ Luxembourg‚ Denmark‚ Finland‚ Slovakia‚ France‚ Italy
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BUSN-420-61326 Business Law Hazel G. Sturdebant OUTLINE PAPER TITLE: the common law tradition and sources of law I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry‚ or case-based reasoning. It is a strict‚ principle-based
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16443 March 21‚ 1921 FACTS: When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping‚ the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result‚ a criminal prosecution for murder was initiated in the Court of First Instance on La Union. DECISION OF THE LOWER COURT: Guilty of Homicide. ISSUE: Whether or not Martina Rivera is guilty of homicide. DECISION OF THE APPELLATE COURT: Judgment of
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confessions shall in all cases be conducted out of the hearing of the jury.” (Smith) 4. Define burden of proof‚ burden of going forward‚ and burden of persuasion. Burden of proof: is the accuser’s job to prove beyond a reasonable doubt (in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence
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Gun laws in the United States of America need to be altered in order to make American society safer. The Second Amendment of the Constitution reads “A well regulated Militia‚ being necessary to the security of a free State‚ the right of the people to keep and bear Arms‚ shall not be infringed.” This means that from the point any American child is born they have the right to possess a gun and use it for their own safety. How can a child as young as the age of ten years old know the difference between
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Why do we need a criminal justice system in Australia? To answer this question‚ We firstly need to look a couple of things to allow you a thorough understanding of what exactly the criminal justice system is‚ questions like‚ what is role that this system has to play in today’s modern & somewhat debauched society‚ also what are the key concepts and components of each part of the criminal justice system. It is my attention through the aid of this essay to not only explain the differing
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that of Sir Edward Coke (Institutes of the Laws of England‚ 1797): "Murder is when a man of sound memory‚ and of the age of discretion‚ unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King’s peace‚ with malice aforethought‚ either expressed by the party or implied by law‚ so as the party wounded‚ or hurt‚ etc. die of the wound or hurt‚ etc. within a year and a day after the same." For the purposes of convenience‚ we can say that murder is the
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Describe the role of magistrates in civil and criminal cases A Lay- person in the context of a lay magistrate is a person with no legal qualifications or training in law. Their purpose is to provide experience of society and ensure that the common people’s values are represented when delivering a verdict. Most magistrates are lay magistrates and they are also referred to as justices of the peace. There are roughly 30‚000 lay magistrates sitting on the bench and they usually sit in threes but section
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‘The purpose of prison is to reform criminals’. (12 marks) This statement suggests that the intention of putting an offender into prison is to give him or her and change to change their ways in order to lead a better life. Most Christians would agree that the purpose of prison is to reform criminals. They would look to the teaching of Jesus which are of love and forgiveness. Jesus teaches that we should ‘love our enemies’. From this‚ he means that you should show no hate towards anyone who has
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my parents ‚my spouse‚ my sisters and my child Maryam. Contents Introduction Islamic finance – financial institutions and products designed to comply with the central tenets of Sharia (or Islamic law) – is one of the most rapidly growing segments of the global finance industry. Starting with the Dubai Islamic Bank in 1975 (and operations in the United Arab Emirates‚ Egypt‚ the Cayman Islands‚ Sudan‚ Lebanon‚ the Bahamas‚ Bosnia‚ Bahrain and Pakistan)
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