CATHOLIC UNIVERSITY OF EASTERN AFRICA LEGAL METHODS – 1ST TRIMESTER NOTES – LECTURER FREDA KABATSI Faculty Vision: To train the students in the Faculty of Law to become conscientious and ethical lawyers who have an excellent grounding in legal principles and who will provide leadership in Kenya‚ East Africa and beyond. OVERVIEW OF LEGAL METHODS * Legal Methods is the study of how law operates in the society and how lawyers‚ judges and legislative think and do things according to the law.
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Right to Remain Silent Tayfun Tokac CRJ 411 Professor Wilson One of the landmark cases in our history which affected the law enforcement is Miranda v. Arizona case. This case had a significant impact on law enforcement in the United States‚ by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. Ernesto Miranda was arrested for kidnapping and rape of an 18 year old girl by Phoenix Police Department. Mr. Miranda
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there a loss making event for Lindsey Loharn? Law: Law of Tort—The tort of negligence—Duty of care/ public authorities/ occupier’s liabilities. Duty of care: SWAIN v WAVERLEY MUNICIPAL COUNCIL (2005) public authorities: Nagle v Rottnest Island Authority (1993) occupier’s liabilities: Australian Safeway Stores Pty Ltd v Zaluzna (1986) Application In regard to the matter between Lindsey Loharn an the Timberlakes‚ it is likely that the court would consider common law principle in relation
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“It is difficult to judge the success of reforms in legal aid provision as we lack agreement on the aims and objectives of a legal aid system”. Discuss. INTRODUCTION Legal aid helps with the costs of legal advice for people who can’t afford it. If anyone needs help with the costs of legal advice‚ he can apply for legal aid. Whether he will receive it depends on: the type of legal problem he has; his income (how much he earn) and how much capital (money‚ property‚ belongings) he has; whether there
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instrumentality of law. As the law grew‚ justice also expanded into different spheres of human activities for ex: civil justice‚ criminal‚ economic‚ social justice‚ distributive justice‚ corrective justice‚ social justice and so on. The essence of legal justice lies in ensuring uniformity and certainty of aw and at the same time ensuring that rights and duties and duly respected by the people. Another essential attribute of the notion of justice is element of impartiality. One has to just and fair
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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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Individuals 4.1a- Equality One of the most important aspects of our legal system is the concept that everyone is equal before the law. There are certain aspects that result in a lack of equality. The fact that our legal system is adversarial is a major contributor. Because the nature of our legal system is competitive and confrontational‚ it is designed to determine where laws have been broken so punishment can be dealt out. The legal teams employed are also seeking for winning cases‚ gaining reputations
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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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United States V McClatchey 217 F3d 823 Cir.‚ (10th ‚ 2000) I. Background This case of U.S government versus defendant McClatchey involves hospital CEO‚ two physicians‚ and Mr. McClatchy who is a part of the administrative staff at Baptist Medical center. Two physicians involved in the case worked together in a group practice called BVMG that provided care to the nursing homes. In 1984‚ they brought a proposal to the Baptist Medical Center to have them buy the practice and in return physicians
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