Law Criminal Law Civil Law Crime committed against the state Sets rights & Duties of people between themselves Must prove guilt Must show liability Guilt must shown to be beyond reasonable doubt Liability shown on the balance of probabilities Regulates society by threat of punishment Rights the financial position so that no wrong had occurred Fine‚ imprisonment‚ community service. Damages or other remedies (specific performance/injunction ) Sources of Law Law Case Law (follow earlier decisions)
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Scottish law recognises four sources of law: legislation‚ legal precedent‚ academic writings and custom. The Sources Of Legislation in Scottish Law Legislation affecting Scotland may be passed by Holyrood (Scottish Parliament)‚ Westminster (Parliament of the United Kingdom‚ made up of the House of Commons and the House of Lords) or The European Union (made up of The European Commission‚ The Council of the European Union‚ The European Parliament‚ The Court of Justice and The Court of Auditors)
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Civil Law Civil law tradition is the oldest and the widest distributed legal system dating back to 450 BC in its origin. Even though it is the oldest of all the legal system. The Civil law took exponentially longer to develop than the Common law. The genesis of which was swift in comparison. 450BC is designated as beginning of development of Civil law because this is the year of 12 tablets. The first written law and rudimentary (Fundamental) system of dispute resolution in ancient Rome. The next
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is able to take legal action to enforce the contact with Gordon – ex-Sales Manager of Heavy Trucks Ltd for the delivery of five trucks costing $950‚000. Laws To interpret these issues‚ this paper will consider section 126‚ 128(1)(4) and 129 of the Corporation Act 2001 (Cth) as well as the Turquand rule of internal management in common law. Section 126 stated that a firm could exercise the power to make‚ ratify and discharge a contract through an agent. In other words‚ the company will be liable
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While every country has its own set of laws and rules the question of what is law is not so easily defined. Here in the United States the definition of law means a set of rules and regulations and to the social institution that creates‚ implements‚ and enforces these rules and regulations (Barkan pg. 21 2013). The United States law derives from Common Law from England. The ancient law of England is based upon societal customs and recognized and enforced by the judgments and decrees of the courts
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of Law Paper Jaclyn Wheatley LAW/421 June 25‚ 2012 Kathryn Harris Abstract This paper addresses the functions and role of law in business and society. This paper covers different types of laws including statutes‚ common laws‚ treaties‚ ordinances‚ and executive orders. As the paper continues it will discuss who creates and enforces these laws. This paper also discusses the classification of those laws into criminal and civil law‚ substantive and procedural law‚ and public and private laws. As
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1. What is law? (There are 6 functions) A body of rules of action or conduct prescribed by controlling authority. Six functions: keep the peace‚ maintain the status quo‚ preserve individual rights‚ protect minorities against majority‚ promote social justice and provide for orderly social change. 2. What does jurisprudence mean? What does common law mean? Jurisprudence is the philosophy of law. Common law is judicial decisions that don’t involve interpretations of statutes‚ treaties‚ regulations
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Positing Law has a main focus on laws being separated from morality. In order for laws to be viewed as just through this theory it is imperative that most members in a given society agree that the laws in question meet the given norm. In the case of Hamilton Health Sciences Corp v. D.H.‚ the courts decide to allow an Aboriginal family to deny chemotherapy for their child in pursuit of an Aboriginal treatment. In Canada it is against the law to kill anyone‚ the success rate for the child to survive
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judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation‚ refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent‚ the judicial function of declaring and applying the law has a ‘quasi-legislative
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In the United States‚ our legal system is based on the common law tradition. When there is no specific constitutional provision‚ statute‚ or regulation‚ courts defer to common law‚ which is a collection of judicial decisions‚ customs‚ and general principles. It is believed that the common law tradition may have begun as early as the 11th century in England with the establishment of the Court of Common Pleas. Today‚ using the common law tradition‚ courts will hear disputes that are brought before
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