Year 12 Unit 1 Model Answers Question 1 (a) Outline what is meant by alternative dispute resolution and how it operates within the civil justice system – 14 marks The phrase alternative dispute resolution‚ also known as ‘ADR’ essentially is a range of ways to avoid full scale litigation. Access to justice is a fundamental right and is protected under Article 6 European Convention of Human Rights‚ therefore‚ if society is to operate effectively there must a way of ensuring that disputes between
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CORPORATION CODE OF THE PHILIPPINES Powers of the Corporation CORPORATE POWERS UNDER THE CORPORATION CODE 1. • • • • • • • • • • • • 2. 3. Section 36 – General Powers and Capacity of the Corporation To sue and be sued in its corporate name Of succession by its corporate name for the period stated in the AOI and the COI To adopt and use a corporate seal To amend its AOI in accordance with the provisions of the Code For stock corp – to issue or sell stocks to subscribers and sell
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2. Negotiable Instruments Law (Act No. 2031) Chapter I. INTRODUCTION 1. The Negotiable Instrument Written contract for the payment of money‚ by its form intended as substitute for money and intended to pass from hand to hand to give the HDC the right to hold the same and collect the sum due. Instruments are negotiable when they conform to all the requirements prescribed by the NIL (Act 2031‚ 03 February 1911). Although considered as medium for payment of obligations‚ negotiable instruments are
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LEGITIMATE EXPECTATION The Legal and Institutional Background The doctrine of legitimate expectation operates as a control over the exercise of discretionary powers conferred upon a public authority. The typical reason why discretionary powers are conferred upon a public authority is to ensure that they are exercised having due regard to the particular circumstances of individual cases coming before the decision-maker – ie in circumstances where Parliament was not confident at the time
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Name:_____________________ Test #2 HMGT 0210: Legal Issues Fall 2012 Multiple Choice (30 points) Identify the choice that best completes the statement or answers the question. ____ 1. Which of the following is not outlawed by the Civil Rights Act of 1964? a.|Discrimination based on religion| b.|Discrimination based on sex| c.|Discrimination based on national origin| d.|Discrimination based on color| ____ 2. Which of the following types of establishment was barred from discrimination
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CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply : A. international
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Commercial Law Agency An agent is determined by law. Determined by the legal implications of what the person does. Must be acting for a principal cannot stand alone. (a)Agent has the legal authority to bind or incur liability for which the principal can be responsible. The primary role of an agent is to negotiate or conclude contracts on behalf of a principal. Actions are treated like that of the principal. Consent can be determined by the Court. (b)Agent is a person who is recognized by law as
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Trusts and Estates Medilin Spring 2006 Intro and Intestacy 1) Power to Transmit property at death- Dead hand Control a) Estate and gift taxes as method of restriction i) redistributes some wealth and attempts to break up accumulations of large wealth ii) gift tax prevents the use of inter vivos transfers to get around inheritance restrictions iii) spousal deduction- can give as much as want to spouse during life and at death iv) charitable deduction- also allowed to
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Far Eastern University Institute of Law CODE OF COMMERCE Commerce It is that branch of human activity‚ the purpose of which is to bring products to the consumer by means of exchanges or operations which tend to supply and extend to him‚ habitually‚ with intent to gain at the proper time and place in good quality and quantity. “Commerce” and “trade” are used interchangeably although the former is more commonly used in international dealings and the latter in domestic ones. (Pandect of Commercial
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• CASE #1: SECOND DIVISION G.R. No. 175366 : August 11‚ 2008 J-PHIL MARINE‚ INC. and/or JESUS CANDAVA and NORMAN SHIPPING SERVICES‚ petitioners‚ v. NATIONAL LABOR RELATIONS COMMISSION and WARLITO E. DUMALAOG‚ Respondents. D E C I S I O N CARPIO MORALES‚ J.: Warlito E. Dumalaog (respondent)‚ who served as cook aboard vessels plying overseas‚ filed on March 4‚ 2002 before the National Labor Relations Commission (NLRC) a pro-forma complaint1 against petitioners
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