FOUNDATION IN LAW – 2013 English Legal System Assignment Yong Suan Kai Question 1 (a) Briefly explain the history of the English common law prior to the Norman Conquest in 1066. (5 marks) (b) State the developments of the common law after Norman Conquest in 1066. (6 marks) (c) Explain the drawbacks of the common law system in England and Wales. (7 marks) (d) What are the effective developments that have taken place to overcome the problems faced by the common law
Free Common law Law
property‚ in order to build homes. Under the provisions of the Clean Water Act‚ the Army Corps of Engineers (petitioner on behalf of the U.S.) felt that RBH should not be permitted to do so and filed suit in Federal District Court‚ seeking an immediate injunction in order to prevent the continuation of this project. The COE felt that the land owned by RBH was subject to jurisdiction under the Clean Water Act because of its adjacency to navigable water‚ and therefore (under section 404(a) of the CWA) required
Premium Supreme Court of the United States United States United States Constitution
Damages to property 2. Interference to personal comfort Remedy for nuisance is commonly monetary damages. An injunction or abatement may also be applied under certain circumstances. An injunction orders from the court is used to order the defendant to stop‚ remove‚ restrain or restrict a nuisance or abandon plans for a threatened nuisance. Injunction is a drastic solution‚ used only when damage is permanent and is not satisfactorily compensable only to monetary damages. The function
Premium Law Nuisance Plaintiff
between Roche and Cipla over Roche’s patent for the anticancer drug ‘erlotinib’‚ sold by Roche as ’Tarceva’. On 24 April 2009‚ the Division bench of the Delhi High Court dismissed Roche’s appeal against the refusal of a single judge to grant an injunction restraining Cipla from manufacturing‚ offering for sale‚ selling and exporting its generic version of ‘erlotinib’. Both Roche and Cipla drugs are based on a compound that goes by the name of ’Erlotinib Hydrochloride‘. This case is regarded as a
Premium Patent application Patent Patentability
| NATIONAL FEDERATION OF INDEPENDENT BUSINESS et. al‚ Appellant v. KATHLEEN SEBELIUS et. al‚ RespondentTHE SUPREME ULTIMATE OMNIPOTENT HANSON COURTJUDGES: Authored by Joseph Sims and Thomas Shellum with whom Chief Justice Jim Hanson concurs.March 1‚ 2012‚ FiledPRIOR HISTORY: Appeal from the United States Court of Appeals for the Eleventh District Nos: 11-393 &11-400. Date filed: August 12‚ 2011COUNSEL: For Appellant(s): Zachary Johnston‚ Salem Law Services‚ Salem‚ ORFor Respondent(s): Mitchell
Free Supreme Court of the United States United States Constitution United States
Subashini Rajasingam v. Saravanan Thangathoray & Other Appeals [2008] 2 CLJ 1 FC Summary of the case: (4 marks) There were three appeals (02-19-2007(W)‚ 02-20-2007(W) and 02-21-2007(W)) before us and with the agreements of the parties‚ they were heard together. The parties to the three appeals were originally Hindus husband and wife; they were married pursuant to a civil ceremony of marriage that was registered on 26 July 2001 pursuant to the Law Reform (Marriage and Divorce) Act 1976 (the 1976
Premium Marriage Appeal
One of the first examples of Anglican reform during the English Reformation may be seen in the two ecclesiastical injunctions imposed by Thomas Cromwell in 1536 and 1538. The first injunction demanded that the clergy teach the Articles of Faith and the Ten Commandments to both their congregations and the children of the community. Parents were urged to either educate their children or apprentice them to occupations to lower crime and social disorder. Rich clerics were instructed to support scholars
Premium Christianity Catholic Church Protestant Reformation
Outline the development of common law and equity. A The Law in England didn’t come about all at once‚ but has developed over the centuries. There are 5 different sources of law: Customs‚ Judicial decision‚ Acts of Parliament‚ Delegated Legislation and‚ most recently‚ European Law. However‚ new law is still being created today. The law as we know it today all started in 1066‚ when William the Conqueror invaded England. He found a country with no single system of law‚ just sets of customary
Premium Common law
decision in the American Cyanamid case is a complete breakaway from the settled principles upon which an application for an interlocutory injunction is granted”. Critically examine this statement. An interlocutory injunction is an equitable remedy‚ which temporarily prohibits the defendant‚ from continuing a particular activity. The purpose of this injunction is to maintain the status quo or preserve the subject matter so that no permanent harm is done to the rights of the applicant before a court
Premium Jury Prima facie Trial
entitled to preliminary injunction‚ because LH is a trade secret under OUTSA. Preliminary injunctions should always be granted in case as like this‚ where there is a substantial likelihood that the plaintiffs will prevail on the merits. Vanguard Transp. Sys. V. Edwards Transfer & Storage Co. Gen. Commodities Div.‚ 673 N.E.2d 182. (184). The burden of proof to establish this element of a preliminary injunction motion is by showing clear and convincing evidence. Id. The injunction can remain in effect
Premium Patent Law United States