1. What is law? (There are 6 functions) A body of rules of action or conduct prescribed by controlling authority. Six functions: keep the peace‚ maintain the status quo‚ preserve individual rights‚ protect minorities against majority‚ promote social justice and provide for orderly social change. 2. What does jurisprudence mean? What does common law mean? Jurisprudence is the philosophy of law. Common law is judicial decisions that don’t involve interpretations of statutes‚ treaties‚ regulations
Premium Law Common law Criminal law
Research essay Forming a contract there must be six essential elements which are acceptance‚ consideration‚ intention to be legally binding‚ capacity of the contract and finally legality of the promises.1To archive an agreement between the offeror and offeree there is a formula whereby offer+ acceptance=agreement.2An offer has to be created firstly. An offer means the indication by one person to another of his willingness to enter a contract with the other person on curtain terms.3An offer can
Premium Contract Offer and acceptance Meeting of the minds
determining whether s51(xx) supports a law‚ we need to determine whether the character of the law by reference to the creation of rights‚ powers‚ liabilities‚ duties and privileges belonging to a s51(xx) corporation is sufficiently connected to s51(xx) (McHugh J in Re Dingjan; Gleeson CJ‚ Gummow‚ Hayne‚ Heydon and Crennan JJ in Work Choices; Grain Pool). Sufficient connection means that the law must have some significance for a s51(xx) corporation‚ and the law must regulate the conduct which have beneficial
Premium Law Constitution Obligation
remedy when there is no available remedy at law. Deals with fairness in justice‚ usually stemming from natural law. Injunctions‚ court orders‚ restraining order. Civil action. * Court of Law – “black letter law” you did or did not do something. * Legal action – action typically for money damages such as a tort or breach of contract action. Criminal charges. Sources of Contemporary Law * United States Constitution – supreme law of the land. Any law that conflicts with it is void.
Premium Law United States Constitution Common law
Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words‚ it is a promise to do or refrain from doing something. - Usually upon condition that the other party agrees to do or refrain from doing something else in return. - Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price £900. Harvey says agree to
Premium Contract
7. Ethical considerations The counsellor ought to recognise that the intervention they do with the family has to serve the best interest of the child. This is guided by the child care act‚ which recognises a child as any person under the age of 18 years who ought to be protected (Jamieson & Lake‚ 2013). Ann is 14 years old‚ and is protected by this law. Moreover‚ counsellor should also acknowledge that a child over the age of 12 can give accent to participating in the intervention; this is an agreement
Premium The Child Childhood Child
Journal Entry – Business Law Mr. Robert Menendez has recently raised concerns over his possible unethical behavior while residing as the New Jersey state Senator. There are many moral ethical issues‚ as well as one particular contract with Dr. Melgen that may be an issue. His poor ethical choices can be related to his possible egoism. (All parties are innocent until proven guilty.) Ethics is the study of an individual’s character with regards to their choices of right and wrong as assumed
Premium Ethics United States Morality
valid contract formed in each respective case. Rules/Principle The law of contract: There must be a legally binding contract between two or more parties. On
Premium Law Contract Common law
Chris Garrido Case studies #4 Business Law- Ralli 22.3 pg 352 A. William ha bailey executed a note payable tp California dream strett B. four years later dreamstreet negotiated the note to cooperative central raiffeisen-boerenleenbank C. cooperative filed a suit against baileyto recover on the note 23.3 pg 368 A. Wilson was the office mangaer of palmer and ray dental supply B. james frank ray would take the checks reciebved from customers and place them on wilsons desk] C. wislon
Premium Law United States Appeal
citing that the claims are barred by the act of state doctrine. Rules of the Law(s) Applied to the Case The law applied in this case was the act of state doctrine‚ which states‚ “local courts may not question the legal effect of a foreign state’s acts fully executed within its own territory” (US Legal‚ 2013). Therefore‚ the court dismissed the action against Metropolitan Museum of Art. Analysis: How the Court Applied the Law The United States Court of Appeals‚ Second Circuit applied the act of state
Free United States New York City Appeal