1. The South African Legal System Law is a social science. South African Law is not codified: recorded in one comprehensive piece of legislation. Origin: Indigenous legal systems applied at the southernmost tip of Africa before 1652. Jan van Riebeeck arrives in Cape Town in 1652 and the adoption of Roman-Dutch law as a legal system to the Cape. 1.1 A SHORT HISTORY OF THE LAW Unlike most European continental legal systems‚ SA law is not codified: It is drawn from various authoritative sources Such
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English Legal System: Characteristics and Sources Task Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development. Introduction The United Kingdom (UK) is one of the longest living monarchies in Europe and has the longest Parliament. In legislative terms‚ the UK is a non-federal state that is composed of three countries (England‚ Scotland and Northern Ireland) and one principality
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Scottish law recognises four sources of law: legislation‚ legal precedent‚ academic writings and custom. The Sources Of Legislation in Scottish Law Legislation affecting Scotland may be passed by Holyrood (Scottish Parliament)‚ Westminster (Parliament of the United Kingdom‚ made up of the House of Commons and the House of Lords) or The European Union (made up of The European Commission‚ The Council of the European Union‚ The European Parliament‚ The Court of Justice and The Court of Auditors)
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AP Government Chapter 14 The Judiciary The Judicial System operates at all three levels of government (municipal‚ state‚ federal) Most cases are heard in municipal or state courts (criminal and civil suits) Trial Courts—jury or judge decides a case Appellate Courts—review cases if there are matters of legal procedure or law at issue State Supreme Court—another review if no satisfactory decision (sometimes called state court of last resort) Most municipal and state judges run for election
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When America was founded‚ people migrated due to opportunity‚ escaping religious persecution‚ and the belief that a better life was possible. This belief remains until this day. The larger story of American history is the struggle to fulfill an ideal of American life and the adversarial opinions as to how it can be achieved. FDR’s Four Freedoms are an ideal that encouraged people to fulfill by fighting in World War II while Rosie the Riveter‚ Brown v. Board of Education‚ the Cuban Missile Crisis
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1. Assume that the state of Ohio passed a hazardous waste statute‚ seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing‚ but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer
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“Ultra Vires”=outside the law; courts refuse to pass a law that gov’t wants Law: Rules that courts are willing to enforce/apply Civil Code Legal System: (Quebec) “all-encompassing” Common Law Legal Sys: (Canada/other provinces) “Case Law” “Stare Decisis”=”Let the decision stand” (Previous decision used) Two Sources of Law: Statute > Common Common Law=Case Law=Created by the Courts Statute (Legislation Act) Law=Created by Gov’t Ex. Age of Majority Act nullifies Common Law (21 →18) CONSTITUTION
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The Privy Council had been New Zealand’s final appeal court for 160 years till the enactment of Supreme Court Act 2003. It appears an inevitable trend as Canada and Australia already had abolished appeals to the Privy Council‚ New Zealand was the last major Commonwealth country to do so since the arose of national legal identity. This essay will discuss why the decision of abolition the right of appeal to the Privy Council was controversial because New Zealand is so unique due to the Treaty of Waitangi
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Chapter 2 Key Terms: Primary Sources of Law: those parts of a legal system that have the longest historical development and represent the system’s cumulative values‚ beliefs‚ and principles. Code: a systematic collection of laws‚ written down and organized into topics. Custom: a long-established way of doing something that‚ over time‚ has acquired the force of law. Convention: a way of doing something that has been accepted for so long that it amounts to an unwritten rule. Secondary
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Business Law Practice Questions MULTIPLE CHOICE (answers at bottom of page) 1. Paul filed a lawsuit for false imprisonment against Dan’s Bookstore. During a visit to Dan’s Bookstore‚ Dan stopped Paul as he left the store. Dan accused Paul of stealing a book from the store. After briefly looking into Paul’s shopping bag‚ Dan determined that Paul did not shoplift. He apologized to Paul and released him. On these facts‚ Dan will likely: a. b. c. win the case‚ because the shopkeepers’ privilege
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