Substantive law is law that defines rights and duties‚ such as crimes and punishments‚ civil rights and responsibilities in civil law. An example of substantive law is the law of murder: intentionally killing another person. Substantive law basically answers the question: What is the law? Procedural law is the law governing the machinery of the courts and the ways by which both the state and the individual enforce their rights in the courts. Procedural law is more like when a person can be arrested
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Many countries in twenty first century follow two legal forms of law namely civil and common law. The common law tradition originated during middle ages from England and was applied to the all British colonies throughout the British Empire. While the civil law traditions has it’s roots’ in continental Europe at the same time and was applied throughout the colonies of European imperial powers like Portugal and Spain. Civil law was also adopted in the nineteenth and twentieth centuries by countries
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Chapter-1 DEFINITION AND CONCEPT OF INTERNATIONAL LAW 1. Definition: International Law or the law of Nations as it was called‚ have been given many definitions. The understanding and the definition changed with the development of time. Here is the small effort to carve out certain important definitions as given by certain very famous scholars of their times. Oppenheim “Law of Nations or International Law is the name for the body of customary and treaty rules which are considered as binding by the
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2010 Business Law Revision Booklet The Business Law final exam is 3 hours with 10 minutes of reading time. HOW TO ANSWER CASE STUDY QUESTIONS When answering this question student’s need to follow the format of: i) state the issue ii) state the law-this includes relevant legislation and cases iii) apply the law to the facts iv) state the conclusion Key words used in questions: Explain – students need to provide
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Law of Tort What is Tort? - The French word of ‘wrong’ - That set of rules specifying certain actions and omissions as wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have
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new property rights takes place in response to . . . new benefit-cost possibilities” as resource values change;3 in other words‚ property rights develop in a society when the benefits of having † Earl Warren DeLano Professor‚ University of Michigan Law School. I am grateful to Greg York‚ Ph.D. (Biology)‚ M.I.T. 1998‚ J.D.‚ University of Michigan 2008‚ for exemplary research assistance and constructive criticism‚ especially on matters of evolutionary biology. Thanks also to the following for discussions
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Adams (2013) also stated that since objective evidences may also be needed in determining the breach of good faith‚ it is easier to bypass the subject test and prove that such conduct failed to act for a proper purpose. Fiduciary duty cases at general law on the proper purpose rule are considered when determining the scope of ‘proper purpose’ in CA s 181 (2). That is to say‚ the two-step process proposed in Howard Smith v Ampol Petroleum should be used under such circumstance to prove the improper purpose
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SABAH KAMPUS ANTARABANGSA LABUAN BUSINESS LAW ASSIGNMENT Date of submission: 4th of April Lecturer: Madam Yanti Ahmad Shafiee Name of Course: Business Law (GT01103) 2. Describe the Malaysian legal system. Give your opinion as to its role in assisting Malaysian government in running the country. As an introduction‚ Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. The aim of law is to attain justice and to encourage the doing
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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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The ABC of European Union law Professor Klaus-Dieter Borchardt The ABC of European Union law by Professor Klaus-Dieter Borchardt Klaus-Dieter Borchardt is a European Union official since 1987. He was Deputy Head of Cabinet and then Head of Cabinet for the Commissioner for Agriculture from 2004 to 2010. He is also an Honorary Professor at the University of Würzburg‚ where he has taught European law since 2001. The ABC of European Union law by Professor Klaus-Dieter Borchardt The
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