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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Common Law vs. Civil Law There are nearly 200 nations in the world‚ each with their own distinct legal system based on one of the four major legal systems: common law‚ civil law‚ socialist law‚ and religious law. The majority of countries today follow either common law or civil law. Here in the United States we practice common law‚ as opposed to countries like France and Germany‚ which practice civil law. There are several differences between these two legal systems‚ however‚ common law in the
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COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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system includes laws that are developed from two sources: common law and statutory law. Common law is created by judges in a court hierarchy‚ using an approach called the doctrine of precedent. Statutory law is law written in parliament by the leaders of the country or state‚ depending on where the power to legislate lies. Both common law and statutory law are components of substantive law‚ which concerns the actual content of law and procedural law‚ which concern the way in which law is constructed
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LLM CANON LAW 2nd year Essay 4. What is the civil law on abortion and is this at odds with the Roman Catholic canon law? Introduction The word abortion comes from the Latin ’aboriri’ meaning to miscarry‚ where pregnancy ends too soon and the baby dies. The Abortion debate has become one of the most divisive and contentious issues of our time. Garlikov is of the opinion that once those for or against abortion reflect with more rationality‚they will discover
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Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with Criminal injuries Nora Kelgin October 19‚ 2013 Tort Actions A tort actions is a form of civil law‚ which are intentional tort‚ torts of negligence‚ and strict liability torts‚ the vast majority of legal issues in the United State involve this‚ such as divorce‚ child custody‚ child support‚ domestic dispute‚ consumer problems‚ defamation‚ and injuries due to a person
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Role and Function of Law Law/ 421 January 11‚ 2013 Professor Gary Matano The law plays an important role in business and society. The law imposes rules and regulation that carry out the moral standards of business and society. The laws help maintain the policies and ethical conduct of individuals‚ groups‚ and corporations run smoothly. In business law can build goodwill between merchants and consumers. This should be considered in commercial
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common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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the possession‚ of a determinate thing; and the other party (Buyer) obligates himself to pay therefor a price certain in money or its equivalent.1 The Roman Law concept embodied in the old Civil Code2 that treated delivery of tangible property as the sole purpose of sale has been modified under the present Article 1458‚ which applies the common law concept of requiring the obligation to transfer the ownership of the subject matter of the sale as a principal obligation of the seller. 1. Nature of Obligations
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Constitutional Law Test 1 Study Guide Three Categories of constitutions- Nominal Telos- gives certain rights but does follow through with the rights. Example is Cuban Constitution that gives rights such as healthcare and travel but does not carry them out. Tends to make a lot of promises but does not keep them. Façade Telos- similar to nominal by making promises in a way that seem more logical and achievable for that country but is still not carried out. Example is Iranian Constitution that gives
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