PART A Sita is able to claim personal injury damages under an action in tort for negligence. The principle of these damages is restituo in inegrum‚ which is based on the principle restoring the plaintiff to the position they were in before the tort took place (Sharman)1. These damages are presented on a once and for all basis as a lump sum with the date of assessment being that of the date of trial. 1. Economic Loss Economic loss is under Divison 2 of the Civil Liability Act2 (CLA). Under
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NewCorp Legal Scenarios Introduction Legal Encounter 1 An organization has the right to fire an employee at-will. If the employee is not performing or is not providing a benefit to the organization‚ the organization may decide to terminate the employee. However‚ if documentation is provided at the time of hire stating the employee is not an at-will employee or the employee will receive a notice before termination occurs‚ then it can become a legal matter. In legal case 1‚ Pat is hired
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’ (Classroom material p.1) Legal advice is important to civil cases but even more in criminal cases where liberty of a person is at stake because they would have committed a crime and they might go to prison for it therefore in criminal cases it’s vital for a person to receive legal funding. Poor and less educated people are denied access to justice as it is difficult for them to get advice or for them to be offered assistance. Some people may not get access to legal advice and assistance as they
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the deceased can always sue for the recovery of debts due to the deceased.But he cannot sue for the breaches which caused mere personal injuries on nthe deceased. Origins of the maxim latin References ^ Goudy Two Ancient Brocards in Essays in Legal History Vinogradoff (ed.) and Winfield Textbook of the Law of Tort 2nd edn. p.201 ^ a b cf. the remarks of Viscount Simon in Stewart v. London‚ Midland and Scottish Railway Co. 1943 SC (HL) 19 at 26 Pinchon ’s case[3] and Hambly v. Trott.[4] --
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1. ------------------------------------------------- Basic Legal Notions Law - is a set of rules that is binding the community. A set of rules that can be enforced and is officially recognized. Law must be capable or reform and change as society’s values and ethics change. Relationship between customs‚ rules and laws- Customs and rules govern behavior but the courts do not enforce them on community members. The community may generally see a custom as right but it is not legally enforceable.
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Legal positivists make some distinctive claims about what constitutes legal validity. It is difficult to improve on the following introduction offered by Leslie Green: "Whether a society has a legal system depends on the presence of certain structures of governance‚ not on the extent to which it satisfies ideals of justice‚ democracy‚ or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example‚ legislative enactments
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Contents Introduction: The purpose of the essay I. Legal Profession a) Branches b) The United Kingdom of Great Britain and Northern Ireland c) UK Legal System II. Solicitors a) General Practitioner Lawyers b) Traditions c) Origins III. Barristers a) Architects and Executives b) Legal Advisers and Advocates c) Lawyer-Client Relationship IV. Difference between Solicitors and Barristers and different Governing Bodies. a) Bar council or
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Essay. 1. Does the dismissal or withdrawal of charges and the desistance of witnesses automatically result in the dismissal of an administrative case against a judge? Why or why not. NO. The withdrawal of the complaint does not have the legal effect of automatically exonerating the respondent from any administrative disciplinary action. It does not operate to divest this Court with jurisdiction to determine the truth behind the matter stated in the complaint. Furthermore‚ the need to maintain the
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HSC Legal Studies Research Task – Crime Identify the correct legal citation of the case R v Faehndrich [2008] NSWSC 877 (29 August 2008) Outline the Elements of the offence On 11 April 2008‚ John Harry Faehndrich was convicted by a jury of the charge that he‚ on 13 August 2006‚ at Forster in the State of New South Wales‚ did murder Dianne Condon. The deceased died when she was stabbed by the prisoner with a pair of scissors and her vertebral artery was incised. The prisoner stabbed her a minimum
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The legal system of the United States of America is very similar‚ almost to the point of being identical‚ to the legal system of the English-speaking Caribbean.”Discuss. The legal system of the United States of America and the English speaking Caribbean are predominantly common law legal systems. Both legal systems share a number of similarities; however‚ there are quite a number of pronounced differences that would make it impossible for one to conclude that both systems are similar to the point
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