possible to capture what law is? It is possible to capture what law is from a standpoint independent of its content by positing a descriptive account of its characteristic features. In response to the limitations of early empirical positivism propounding the command theory‚ the conventional positivists put forth the separability thesis‚ by which law can be described distinct from any morally laden propositions. However‚ the value of such a purely descriptive account of what law is remains fundamentally
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and Wales has a body which includes legislations‚ common law and other legal norms that are established by parliament‚ the crown and judiciary. The courts are organised in a hierarchal structure and England has no written constitutions like the US therefore giving parliament power of ’law-makers ’ especially after they made themselves a supreme body who represent the people of the country‚ they have unquestionable power (unlike the other law-makers) to add‚ remove and change legislations without
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COMPANY LAW MGMT3046 (MS37B) ACADEMIC YEAR 2011/2012 WORKSHEET 1 INTRODUCTION TO THE COMPANY LAW REGIME TYPES AND NATURE OF COMPANIES Learning objectives: The student should be able to: ✓ describe the various kinds of companies that may be registered under the Companies Act; ✓ explain the distinction between private and public companies with reference to the relevant provisions of the Companies Act; ✓ explain the concept of limited
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FORMALITIES Common law has no form requirements for contracts: oral contracts are enforceable Consequences of failure of complying with formal requirements vary from statute to statute but include penalties‚ fines and civil consequences ie. Non-enforceability of contract Legislation imposes formal requirements for certain types of contract (this goes beyond the common law) ; e.g.: Consumer credit (has to have warnings‚ and writing) Sale of motor vehicle (needs written work of purchasing car
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of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors made a default on their loan obligation to keep relevant hazard
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply : A. international
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Originally‚ common law was customary law‚ folk law‚ based on precedent. There was of course statutory law -- the king’s law -- but common law guided how it was enforced and administered. No real common law exists today‚ having been entirely codified as statutory law throughout the English-speaking world. There remains‚ however‚ what are sometimes termed common law rights. Now and again‚ a new situation arises where there is no law to guide a judge‚ but where there really is something to adjudicate
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Malaysian law is English law. Explain how English law and the other sources of law form part of the law of Malaysia. The law of Malaysia mostly based to the common law legal system. It was a final result of the colonisation of Malaya‚ Sarawak‚ and North Borneo by Britain in between 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens as they will obey all the rule that had been state. Federal laws enacted by
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QUESTION: Discuss the salient dimensions of administrative justice and making reference to case law highlighting the most important rights linked to administration of justice. AUTHOR: KATALILO JOY INTRODUCTION This paper will be a discussion of the leading dimensions of administrative justice and will highlight the fundamental rights linked to administration of justice. Governments exist to provide guidance to its people. In fulfilling this important duty‚ governments make decisions
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