DO JUDGES MAKE LAW? There are two main sources of English Law- legislation and cases. When interpreting legislation judges must ascertain the intention of Parliament and‚ except insofar as they apply the mischief rule of interpretation‚ they do not make law. Traditionally and due to the doctrine of the separation of powers judicial role is really not properly legislative at all‚ but consist merely in stating what the existing law actually is‚ and interpreting authoritatively doubtful points as
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University of London Common Law Reasoning Institutions Essay Title: “There can be no real argument about it: judges make law. The declaratory theory is more or less nonsense.” Student Number: 120448995 Candidate Number: 150573 Historically there are lots of arguments by the philosophers and the critics that judges make law or not. Actually judges are meant only to interpret the law. This can be seen that somehow they are making law but the question arises whether this is lawful
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FE1 EQUITY & TRUSTS NIGHT BEFORE NOTES 8 Key Topics for Revision • • • • • • • • Maxims Injunctions‚ particularly Interlocutory Quia Timet Injunctions and Anton Piller Orders Rescission Secret Trusts Charitable Trusts Resulting Trusts Trusteeship Tracing 1. MAXIMS This topic is usually examined as one part of a three part question‚ where candidates have to attempt two parts. It has always been a straightforward essay style question. In some years‚ the Examiner asked about their contemporary relevance
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will cover these topics: (Australian Law System) The Functions of law‚ Social Cohesion‚Social‚Progress‚Sources of law‚Parliament made law‚Judge-made law Which type of law is sovereign?‚Classification of Law‚Regulation of human behaviour‚Criminal law‚Classifications of Crime‚Objectives of sanctions‚Civil Law‚Types of civil wrongs‚Civil remedies‚Types of civil remedies‚Crimes The Functions of law The two functions are: 1 Social Cohesion 2 Social Progress Laws are needed to achieve these dual functions
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CB561 Business Law Module Guide Campus: Medway Campus Terms: Autumn and Spring Level: 2/3 Credit: 30 Assessment: 70% Exam; 30% Coursework Convenor: Mrs Sue Tarrant Contact Hours 40 hours of lectures; 20 hours of seminars (approximately) Method of Assessment 30% coursework (1 timed assignment and 2 written assessments); 70% written examination Synopsis The law affects our lives in many ways. In the business world you will find that‚ amongst other things‚ it impacts on how businesses
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Law of Contract II Semester 2‚ 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated‚ as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an intermediate
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then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise‚ this essay will evaluate the knowledge of common law and agency relationship. QUESTION 1 a) Four essential elements of a contract should be Offer‚ Acceptance‚ Intention to create legal relations and Consideration. Firstly‚ offer‚ according to Adams(2012)‚ is a full and clear statement of the terms”(p79)
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Whether law is an art‚ a science or wisdom Understanding Science is certain and verifiable knowledge by its causes Art is the application of general rules into practise Wisdom is the quality of having experience‚ knowledge‚ and making good judgment subsequently. Analyzing How then is science applied in law? Take for example judicial precedents; they involve a study of rulings made in issues debated on in past cases for the purpose of discovering previously unknown rules. This rules then become
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Chapter 1: Introduction and Classification of Law A. * Constitutional Law The federal government and the states have separate written constitutions that set forth the general organizations‚ powers‚ and limits of their respective governments. * Statutory Laws enacted by legislative bodies at any level of government such as the statues passed by congress or by state legislatures make up the body of law generally referred to as statutory law. Also includes ordinances‚ which are passed by municipal
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Court to review law for constitutionality (=extension of power of judiciary) Facts: Outgoing president Adams appoints justices as his last order. Appointments are approved by senate‚ but secretary of state Marshall (who later becomes chief justice) does not deliver them in time. New president Jefferson declares them void. 1. Does Marbury have a right to the commission to be appointed judge? 2. If so‚ does the law grant remedy? 3
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