Actio personalis moritur cum persona - A personal action dies with the person. This maxim relates to the extinction of liability of a person on his death. The personal representatives of the deceased can always sue for the recovery of debts due to the deceased.But he cannot sue for the breaches which caused mere personal injuries on nthe deceased. Origins of the maxim latin References ^ Goudy Two Ancient Brocards in Essays in Legal History Vinogradoff (ed.) and Winfield Textbook of the Law of
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Chapter 3: Civil Dispute Revolution Ram Products Co.‚ Inc vs. Chauncey US District Court‚ N.D. Indiana‚ South Band Division‚ F. Supp 1071 Facts: Warren Chauncey is a resident of Indiana resident‚ and the previous Vice President of marketing and Sales for Ram Products which was based in Michigan. Chauncey is fifty-nine years old and has been employed as a plastic surgeon for twenty-five years. Replex Plastics‚ based in Ohio‚ is another corporation that is also in the plastic industry. Chauncey
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Civil Law and Common Law: Two Different Paths Leading to the Same Goal Caslav Pejovic* "There are many ways to skin a cat" While there are many legal issues which are dealt with in the same way by the civil law and Common Law systems‚ there remain also significant differences between these two legal systems related to legal structure‚ classification‚ fundamental concepts and terminology. This paper does not deal with theoretical examination of differences between the common law and the civil
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individuals or groups and their government. True False 6. Another name for case law is common law. True False 7. Case law interpretations are law unless they are revoked later by new statutory law. True False 8. The term "stare decisis" means "reversing the decision." True False 9. A decision of a state supreme court is binding on a lower state court located in the state. True False 10. A decision from a state supreme court in one state is binding on a trial court
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Australian Constitutional Law Question One In order to determine whether Y and Z are subject to the proposed law‚ the activities of the milling business must be examined and a connection to s51(i) of the Commonwealth of Australia Constitution Act1 (hereafter referred to as the Common wealth) must be established. Also to be considered is the purpose of the legislation‚ or whether purpose is necessary to the power at all. One limitation to s51(i) to be addressed is the geographical distinction
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Charles Nunez PSC 31719 April 4‚ 2012 Legislative History Interpreting statutes is never simple and sometimes even problematic; there are several reasons for this. First is because the United States does not have a generally accepted and consistent applied theory for interpreting statues[1]. Second‚ statutes are written and the texts used to write the statutes are sometimes vague‚ or the text might be outdated and have a new meaning. Finally‚ interpreting statutes are sometimes problematic
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The Jamaican Constitution (hereinafter “the Constitution”) came into effect with the Jamaica Independence Act of 1962. The Act was tabled to ‘make provision for and in connection with‚ the attainment by Jamaica of fully responsible status within the Commonwealth.’ This document formed the framework for Jamaica’s political independence and created the premise on which this fledgling nation could carve out its own legal system based on its own moral‚ cultural and political experience. The Constitution
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Kelo vs. City of New London Legal Facts: Kelo v. City of New London 545 U.S. 469 (2005) the U.S. Supreme Court answered “yes” to the question of whether or not taking land for the sole purpose of economic improvement would fall into the realm of public use requirement set forth in the Fifth Amendment’s Takings Clause. The city of New London Connecticut had made economic recovery efforts to sustain a severely downtrodden local economy. Those efforts included a plan to acquire 115 parcels of
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The Sources of English Law compared with their French counter parts Introduction The Sources of English Law are many and varied‚ however there are four main types‚ which have different roles and importance in the British Legal system. According to The Chartered Institute of Legal Executives (2013) ‘The four principal sources of UK law are legislation‚ common law‚ European Union law and the European Convention on Human Rights.” French Law also includes two of these four sources‚ as the France
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Thomas grant an interview shortly after his confirmation? - 23. What was Sandra Day O’Connor’s background prior to joining the Court? - Graduated 2nd in class from Stanford - Elected official in Arizona - Judge in Arizona 24. What does stare decisis mean? - a legal principle by which judges are obliged to respect the precedents established by prior decisions - "to stand by decisions and not disturb the undisturbed." 25. What was David Souter’s background prior to joining the Court? Which
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