By definition‚ Martial Law is the temporary superimposition of military government over civil government. This military-run government is put into place in the event of war or serious national emergencies. During such times‚ the military and its accompanying superiors take over the executive‚ legislative and judicial functions normally delegated to the civil government by virtue of its constitution. As a consequence‚ the writ habeas corpus‚ or the right of an individual in custody to be brought
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The rule of law is a system of rules and rights that enables fair and functioning societies. The World Justice Project defines this system as one in which the following four universal principles are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear‚ publicized‚ stable‚ and just; are applied evenly; and protect fundamental rights‚ including the security of persons and property. The process by which the
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CONSTITUTIONAL CONCERNS FOR AGENCY ACTION/CONTROL 1) NONDELEGATION a) Look to when the statute in the question has really broad language/purposes b) Rule: Under the non-delegation doctrine‚ Congress cannot delegate its legislative power to an agency because the Constitution vests Congress with this power. i) But long as the Act from Congress gives the agency some “intelligible principle” that the agency must conform to‚ the delegation will survive. Whitman (agency cannot sure own non-delegation
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the legal implications are for them of this change of type of business organisation. Answer : a) Peter and Jenny are currently trading as a partnership. A partnership is created in law when two or more persons agree to carry on a business together. This agreement can either be put in writing or oral. The law relating to partnerships is largely contained in the Partnership Act 1890 (hereafter "PA 1890"). Section 1 of the PA 1890 defines a partnership as "the relation which subsists between persons
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“The Law of Intention‚ following the cases of Woolin (1999) 1 AC 82 and Matthews (2003) 2 Cr App R 30‚ is now satisfactorily defined in the criminal law”. Discuss. Mens Rea refers to the guilty mind required for criminal liability. Intention and recklessness are the two forms of Mens Rea that are part of most offences and have been the subject of judicial scrutiny. There is a vast volume of case law on intention and recklessness which demonstrates the problems that courts have had in perfecting
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BY-LAWS (ON PROFESSIONAL ETHICS‚ CONDUCT AND PRACTICE) OF THE MALAYSIAN INSTITUTE OF ACCOUNTANTS Malaysian Institute of Accountants Dewan Akauntan‚ No. 2‚ Jalan Tun Sambanthan 3‚ Brickfields‚ 50470 Kuala Lumpur‚ Malaysia. Website: www.mia.org.my (AMENDED AS AT 15 JUNE 2012) By-Laws (On Professional Ethics‚ Conduct and Practice) of the Malaysian Institute of Accountants [Issued December 2010] PREFACE The Revised By-Laws (On Professional Ethics‚ Conduct and Practice) of the Malaysian
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employees. The plant happens to keep excellent medical records on all its employees‚ stretching back for decades‚ which might help identify the source of the problem. The government demands the files. But if the company turns them over‚ it might be accused of violating the privacy of all those workers who had submitted to private medical exams. The company offers an abstract of the records‚ but the government insists on the complete files‚ with employee names. Then the company tries to obtain releases
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The Law on Patents Republic Act No. 165 Patent Office * Created under the supervision of the Department of Justice‚ where all records‚ books‚ drawings‚ specifications and other papers and things pertaining to patents shall be safely kept and preserved. * Shall be under the direction of a Director who shall have an assistant known to be as Assistant Director and both shall be appointed by the President with the consent of the Commission on Appointments of the Congress of the Philippines
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Effective jurisdiction of International law 3. Enforcement by States 4. Sources of implementation 5. Conclusion 6. Bibliography (1) 1. Introduction: International law after world war II grew by leaps and bounds due to absence of one International law regulating authority. For International law to be effective states must owe allegiance to an international organization and states are accountable of their actions on their subjects or another nation either
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Bad Law/Lawyers Introduction: Law is a term which does not have a universally accepted definition‚ but one definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. What is bad law you may ask? Bad law ties in with quite a few things‚ as a matter of fact it’s a very big subject but I would like to break it down to just a few certain topics. The topics that I would like to discuss are what is and makes a bad lawyer in general
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