Hostile Witnesses – Structure of Answer 1. “The issue here is whether [counsel] can discredit their own witness‚ [witness’s name]‚ in the witness box?” a. When calling a witness‚ the caller expects their testimony to be favourable to the case. When this doesn’t happen‚ the caller will want to attack the witness to destroy the effect of the evidence. b. Whether you can do this depends on whether the witness is hostile or merely unfavourable. c. Usually crops up in examination-in-chief
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Classification of Laws An important method of classifying law is according to the system in which it is created. • common law Rules of law created by the courts through judicial decisions. Courts “make law” as part of the process of deciding cases and controversies before them. The case law created in this process is based on a doctrine known as stare decisis. This doctrine is based on the notion that prior decisions provide guidance that should be followed in subsequent cases involving the
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* CHAPTER 1 LAW AND ITS SOURCES Introduction Man is by nature a social being. He comes into contact with other individuals in different capacities. These contacts or associations are the inevitable consequence of modern civilization. In all these associations‚ he is expected to observe a Code of Conduct or a set of rules. The object of these set of rules is to make human associations possible; and ensure that members of the society may live ; and work together in an orderly and peaceful manner
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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are four main sources of Irish law: 1) The Constitution 2) EU law 3) Statute law (including statutory instruments) 4) Common Law & case law precedent. 1) Constitution - see www.constitution.ie for text and some official publications 2) EU law - see www.europa.eu (I’m not sure if that is the exact text but you can google) for EU laws 3) Statute law - see www.irishstatutebook.ie & www.oireachtas.ie 4) Case law & precents - see text books on Irish law or go to www.courts.ie and the
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Maritime law Module 1 – Introduction to maritime law 1 1. What is the field of law described as ‘maritime law’? The subject of maritime law attempts to give you a clear understanding of the legal principles applicable to commercial shipping operations. These are the legal principles that determine the obligations and regulate the relationships of the parties in the maritime transport chain
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Supremacy of EU law The legal doctrine of supremacy of EU law means that EU labour law takes precedence over domestic labour law. The creation of a new legal order of EU law and its supremacy means that EU institutions may create rules affecting employment and industrial relations‚ even where some Member States oppose such rules and vote against them in those EU institutions‚ provided that a voting procedure based on a majority rule applies to that specific field. Where adopted‚ these rules must
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ZIMBABWE INSTITUTE OF LEGAL STUDIES DIPLOMA IN APPLIED LAW Name: Laura Bandah Reg. Number: Z120117K Intake: August 2012‚ Semester 1 Course: Criminal Law and Statutory Offences Course Code: CLSO 104 Tutor’s Name: Ms L. Mhuru Question: (a) The Zimbabwean law does not normally impose liability or failure to act despite the fact that there may be compelling moral justifications for doing so. For example‚ the courts have often explained that there is no legal duty upon a stranger
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Natural law or the law of nature (Latin lex naturalis) is law whose content derives naturally from human nature or physical nature‚ and therefore has universal validity. In natural law jurisprudence‚ the content of man-made positive law is related to natural law‚ and gets its authority at least in part from its conformity to objective moral standards. Natural law theory attempts to define a “higher law” on the foundation of a universal understanding that certain choices in human life are good or
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Chapter 1 Risk Management and Sources of Law Risk Management Risk Management – is the process of identifying‚ evaluating and responding to the possibility of harmful events. Risk Avoidance – A risks that should be avoided altogether. (Ex. Ford Pinto and exploding on impact) Risk Reduction – Risk that can be reduced to an acceptable level through precautions. (Ex. Banks loans and collateral) Risk Shifting – Risk that can be put on a different party. (Ex. hiring an independent contractor) Risk
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