Judicial precedent is based upon the Latin maxim "stare decisis" which loosely translates into "stand by what has been decided and do not unsettle the established". Judicial precedent is the source of law where past decisions of the judges create law for future judges to follow‚ this law can be found in judgement that is binding. Ratio Decidendi is the part of the judgement that is binding. In the English legal system‚ higher courts bind lower courts so lower courts have to follow the past decisions
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Contract law – contract formation Figure 1: Elements required for a contract to be recognised by law Using Figure 1 above‚ and your knowledge of the elements required for contract formation‚ consider whether a contract recognised by law has been made in each of the scenarios below. Scenario IS THERE A contract? James is selling his car for $5000. Lucy comes to look at it‚ and says that she loves it‚ but that she only has $4800 to spend. James says he will accept $4800‚ as long as Lucy
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Tort law in environmental regulations Actions brought under tort law are amongst the oldest of the legal remedies to abate pollution. Most pollution cases in tort law fall under the categories of nuisance‚ negligence or strict liability.1 The rules of Tort law in India were introduced under British rule. Initially‚ disputes arising within the presidency towns of Calcutta‚ Madras and Bombay were subjected to common law rules.2 Later‚ Indian courts outside the presidency were required by Acts of the
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Hidayatullah National Law University‚ Uparawara‚ Raipur (C.G.)‚ 2010 LEGAL METHOD AND INTRODUCTION TO LEGAL SYSTEM Semester – I B.A.LL.B. (Hons.) Ms. Shradha B. Rajput Mr. Azim B. Pathan INTRODUCTION OF THE COURSE: This course is the window to see the law and it is the beginning of law students’ transformation into lawyers. It teaches the students to engage with legal texts‚ to think critically about the law‚ and most importantly
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Law codes serve two major functions‚ to promote order and enforce stability. Not all law codes are the same. They differ depending on the influences acting upon the ruler‚ and the region the laws are created to work for. Even so‚ the laws all serve the same purpose. Like Ashoka’s Pillars and Hammurabi’s code. Asoka’s laws and Hammurabi’s laws differ on the grounds of social systems‚ yet relate on the idea of technology. The social aspects of the law codes of Hammurabi and Ashoka differ greatly
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Introduction to Law Assignment 1 |Name |Robert Hooper | |Unit Code |BLW16 | |Study Period |Period 3 (2006) | |Subject
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The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history‚ as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968‚ its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms‚ Mauritian private law is based on the French Code Civil while public law and commercial law are
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“Why I Enrolled in Law School” The failure‚ the decision‚ and the belief to enroll in law school was a journey in-and-of itself. A journey I am happy to have taken thus far. Since childhood I have been advocate for fairness‚ understanding‚ compromise‚ and justice. As the youngest of five children keeping peace in our house usually meant me at the middle of negotiations; you might call this early training. However‚ life has a way of imbedding restrictions on an individual’s beliefs of what he or
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promoter is a “person who undertakes to form a company with reference to a given object and set it going and takes the necessary steps to accomplish the purpose”. (Company Law in Malaysia‚ pg42) A promoter may be a natural person for example when the sole proprietor promotes a company to take over his business. (Company Law in Malaysia‚ pg42) The promotion process includes negotiations‚ registration of the company‚ obtaining directors and shareholders and preparing the paper work. In this case
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both the Islamic law and the common law. The more interesting discussion of this research would elaborate how co-existence is possible in Malaysia without conflict. Before British colonization in Malaya (confined to all states in the Peninsular Malaysia and excluding Sabah and Sarawak in the Borneo islands)‚ Islamic law is only applicable in the state of Malacca. In Malacca the law was compiled in the Malacca Laws and when the Malacca Empire fell versions of the Malacca Laws were applied in the
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