Question 1 When a case of negligence is filed‚ three elements must be proven and justified in order to sustain a lawsuit. These three elements include: i) Defendant owed a duty of care to plaintiff ii) Defendant breached the duty of care iii) Defendants breach of duty caused injury or damage to plaintiff There are several parties of defendants involved in this case including Bart‚ the owner of 1 Main Street‚ the initial property where the fire broke out; Provincial Insurance Inc. for the
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Administrative Law – LWZ312 EXAM NOTES 1. PROBLEM SOLVING 2 2. Practical steps 2 3. IRAC Method 2 4. Standard Exam Answers 2 A. INITIAL ISSUES 2 B. NATURAL JUSTICE 2 (i) Hearing rule 2 (ii) Bias rule 2 (iii) Jurisdictional errors in natural justice 2 5. Administrative Decisions (Judicial Review) Act 1977 2 6. Key principles in judicial review 2 7. Narrow/substantive ultra vires 2 C. Simple Ultra vires 2 (iv) Power to regulate 2 (v) Power to prohibit 2
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Sample Tutorial Answers (HBL221N Company Law) To answer all legal questions‚ students are to follow the essential steps of: (1) Identification of the issues in the questions; (2) State the relevant laws that can be used to resolve the issues in the questions; (3) Application of the relevant laws to the facts in the questions to resolve the issues in the questions (i.e. arguments); and (4) Conclusion based on arguments in Point (3). Your conclusion must resolve your issues in Point (1). NOTE:
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------------------------------------------------- Sources of international law ------------------------------------------------- Sources of international law refers to where states‚ organizations‚ individuals and courts can find principles of international law. One broadly accepted definition of sources of international law includes Article 38 of the ICJ Treaty. According to this article‚ theInternational Court of Justice shall apply the following sources of law‚ ranked in order of precedence: a. international
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Emily Dinsmore Hammurabi’s Laws The dictionary gives the definition of Lex Talons as‚ “The principle or law of retaliation that a punishment inflicted should correspond in degree and kind to the offense of the wrongdoer‚ as an eye for an eye‚ a tooth for a tooth; retributive justice.” (Collins‚2015‚ par 1) The code of Hammurabi is very central to this definition. The idea of it being fair or not fair is not fair will be shown with evidence. (textbook) The culture of Mesopotamia used a vast number
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constitutional‚ criminal‚ and civil law. What is the relationship of law enforcement to each of these areas of the law? (Refer to Sorichetti v. City of New York) 2. Civil law means that two private individuals are involved in a lawsuit. The plaintiff is seeking either money‚ property‚ or an injunction from the defendant. The government can also be involved as a plaintiff or a defendant in a civil suit if it is seeking or defending one of those remedies. Criminal laws mean that either the state or federal
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Introduction This essay will focus on international law being an effective tool for the resolution of international disputes. Timely resolutions and unbiased resolutions are factors that determine effective dispute resolution. The definition and concept of international law‚ effective aspects of international law‚ and certain limitations of international law will be discussed in this essay. Furthermore‚ case studies will be provided to support the argument and to demonstrate the procedures of resolving
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accountability 8 1. Political accountability 8 2. Financial Accountability 8 3. Administrative Law accountability 9 4. Ethical responsibility and integrity 10 Red-Light‚ Green-Light 11 Red Light Approach 11 Green Light Approach 11 Amber Light approach 11 Foundations of Administrative Law 12 Accountability across the public/private divide 13 Legality: rules‚ discretion & policy 15 What is administrative law? 15 Legality 15 Categories of Government Legal Entity 15 Sources of Government Power
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INTRODUCTION The sources of international law are not the same as those in domestic law. The two major sources creating legally binding rules of international law are treaty and custom. In domestic law the question of the source of a rule or law is seldom controversial. Common law systems rely upon statutes and the decisions to be found in court judgments for evidence of the existence of the rule or law; civil law systems rely upon the appropriate legislation or Codes. It is rarely
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“The Law of Intention‚ following the cases of Woolin (1999) 1 AC 82 and Matthews (2003) 2 Cr App R 30‚ is now satisfactorily defined in the criminal law”. Discuss. Mens Rea refers to the guilty mind required for criminal liability. Intention and recklessness are the two forms of Mens Rea that are part of most offences and have been the subject of judicial scrutiny. There is a vast volume of case law on intention and recklessness which demonstrates the problems that courts have had in perfecting
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