Statutory Interpretation Model Answers Explain‚ the rules judges may use when interpreting Acts of Parliament There are four different rules judges can use when interpreting Acts of Parliament. The literal rule is when judges have to take the natural‚ ordinary or dictionary meaning of a word or phrase and apply it to the case in hand. This rule leads to absurd and unjust results. The literal rule occurred in LNER V Berriman case. An Act made it a duty to provide a look-out man wherever a
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parties involved and the means to resolve disputes amongst conflicting parties. In today’s society‚ the act of peace keeping is much more difficult then ever before and since the businesses are susceptible to civil and/or private disputes the predetermined business laws aid in remedying the disputes. When these disputes occur‚ the options are to follow through with a law suit (which can be time consuming and costly)‚ or to use a form of alternative dispute resolution (ADR) such as an arbitration or
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WTO’s overriding objective is to help trade flow smoothly‚ freely‚ fairly and predictably (www.wto.org)‚ its central principle is the dispute settlement mechanism‚ a system that underscores the rule of law and is based on clearly defined rules and timetables for settling disputes. WTO members agree that they will use the multilateral system to settle their trade disputes instead of taking unilateral action. Reducing the scope for unilateral action is an important guarantee of fair trade for less powerful
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LEGAL STUDIES UNIT 4 CHAPTER 7: DISPUTE RESOLUTION TYPES OF DISPUTES There are two main types of legal dispute: criminal and civil. Criminal law includes offences against the person‚ property‚ state‚ legal system and morality. Civil law includes the law of contract‚ consumer law and torts. Within these areas there are many different kinds of legal dispute. A specific dispute or legal problem may fall within both criminal and civil law‚ e.g. the David Hookes case. CRIMINAL ACTIONS A criminal
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The Legal System and ADR Analysis Thomas Fowler LAW/531 November 4‚ 2013 James Charnell The Legal System and ADR Analysis A common case that involves business disputes of leases with landlords and tenants. A tenant’s lease expires tomorrow and the tenant expects the reimbursement of the security deposit. The tenant cleans and inspects the unit. The unit condition is very good. The tenant gives the keys to the landlord‚ but the landlord withholds seven hundred and fifty dollars from the thousand
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the case of Spratly island dispute among China and the claimant states in the region of the Association of South East Asian Nations (ASEAN) have been a major prolonged territorial problem in this region. Throughout all the negotiation process to come into consensus of having a compulsory code of conduct (COC) in this region‚ none have been successful. But still‚ claimant states of the Spratly Island stressed the importance of developing and adopting COC to manage the dispute. The few reasons of the
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Date | Event | Source | May 12‚ 2011 | BA on the up after dispute dealBritish Airways has achieved a victory‚ albeit‚ at a considerable cost‚ that should stand it in good stead after cabin crew backed a deal to end the longest and most bitter dispute in the transport sector for years.Union had achieved an “honourable settlement” and pledged to work in a “spirit of partnership” to repair damage to the airline’s brand.Keith Williams‚ BA’s recently appointed chief executive‚ for being “strong‚ brave
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which jurisdiction apply to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed to by parties located in different countries‚ although the "foreign" element also exists in multi-jurisdictional countries. The basics principles of any applicable law present in any contract are the jurisdiction which determines whether the forum court has the power to resolve the dispute at hand. The choice of law which is being applied to resolve the dispute and finally if
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Agreement on Tariffs and Trade (GATT) and the major multilateral forum through which governments can come to agreements and can settle disputes regarding trade. It is the only global international organization dealing with the rules of trade between nations. It establishes rules for international trade through consensus among its member states. It also resolves disputes between the members‚ which are all signatories to its set of trade agreements. The goal of this organization is to help producers of
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Chapter 3 Courts and Alternative Dispute Resolution Answers to Learning Objectives/ For Review Questions at the Beginning and the End of the Chapter Note that your students can find the answers to the even-numbered For Review questions in Appendix F at the end of the text. We repeat these answers here as a convenience to you. 1A Judicial review The courts can decide whether the laws or actions of the legislative and executive branches of government are constitutional. The process for making
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