the same kind‚ class or nature and is known as the class rule. Under this rule‚ the broad‚ general word is limited to the same class as the more specific words preceding it. Under subsidiary legislation (pg. 23): Ultra vires: Beyond one’s legal power or authority. Under Unwritten Law (English Law) (pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent
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exercise in revision. If you are certain that you understand how to discover the ratio in an opinion‚ you should skim lightly over this material. What is the ratio decidendi? As you probably recall from your studies‚ the term ratio decidendi is a Latin phrase which means the "the reason for deciding". What exactly does this mean? In simple terms‚ a ratio is a ruling on a point of law. However‚ exactly what point of law has been decided depends on the facts of the case. | The importance of material
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Case Salience. “Certain cases will attract a greater number of amicus brief filings if it poses an extensive economic‚ legal and or political impact” (Salzman; Williams; Calvin‚ 2011). As presumed‚ “interest groups whom participate as amici‚ desire to achieve long-lasting‚ far-reaching policy‚ despite the venue of which the group is in favor of;” (Bentley‚ 1908; Gerber‚ 1999; Walker‚ 1991) case salience particularly signals to interests of policy implications which may be considered
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In casu‚ the Appellant and Respondent concluded a marriage in Mauritius and thereafter the parties moved to South Africa. The Respondent (wife) then instituted divorce proceedings against the Appellant (husband). The question then arose which legal system‚ Mauritius or South Africa‚ governed the patrimonial consequences of the marriage in the absence of an ante-nuptial contract. The dispute in this case concerned the distribution of assets upon the dissolution of the marriage. In applying the
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ROSLAN Date: 19TH FEBRUARY 2012 The similarity between actions in rem and actions in personam has been a point of contention following The Indian Grace No.2. In order to assess to what extent the two actions are the same‚ statute‚ precedent and legal development regarding these actions shall be discussed. History Before 1873‚ actions in rem were directed against the ship‚ only
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1. The fact of the case Respondent (Schmidt) was a consulting engineer for the appellant company (Kepong Prospecting Ltd). The appellant company was the holders of certain mining leases in respect of deposits of iron ore. They did not work these deposits themselves but allowed them to be worked on tribute by another company named Kepong Mines Ltd. Their business in practice would seem to be confined to collecting the tribute and distributing it to their shareholders after making arrangements
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Guzman‚ Mark Lawrence C. Legal Latin “Ubi lex non distinguit‚ nec nos distinguere debemus” “Where the law does not distinguish‚ we ought not to distinguish” Republic of the PhilippinesSUPREME COURTManila EN BANC DECISION May 31‚ 1935 G.R. No. L-43575 JUAN TAÑADA‚ plaintiffvs.JOSE YULO‚ Secretary of Justice‚ EDUARDO GUTIERREZ DAVID‚ Judge of First Instance of the Thirteenth Judicial District‚ and SANTIAGO TAÑADA‚ Justice of the Peace of Alabat‚ Tayabas‚ defendants. For the second
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Question#6: Five Chapters of a Thesis 1 Running head: FIVE CHAPTERS OF A THESIS DL5: Comprehensive Examination Questions Question #6: The Five Chapters of a Thesis William Bennett CSUSB EVOC 639: Professional Competencies in Vocational Education April 13‚ 2010 Question#6: Five Chapters of a Thesis 2 Question 6 Describe the five major chapters of a thesis. Your description should also include the value and purpose for each chapter. The five major chapters of a thesis are: the introduction
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Inspirational Latin Quotes divide et impera Divide and rule or Divide and conquer or Divide in order to conquer durate et vosmet rebus servate secundis Carry on and preserve yourselves for better times (Virgil) bis vincit qui se vincit in victoria He conquers twice who conquers himself in victory (Publius Syrus) dimidium facti qui coepit habet He who has begun has the work half done (Horace) Inspirational Latin Sayings faber est quisque fortunae suae every man is architect of his own fortune
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The American work ethic is an example of a(n) Answer | | belief. | | | opinion. | | | attitude. | | | value. | Which of the following are components of the analysis of any speaking situation? Answer | | The audience and occasion | | | The audience and speaker | | | The occasion and speaker | | | The topic and occasion | _________ is the general purpose of relaxing your audience by providing it with a pleasant listening experience. Answer | | Speaking to entertain |
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