SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules
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1 out of 1 points As the common law developed‚ personal property generally consisted largely of tangible items. Answer Selected Answer: True Correct Answer: True • Question 2 1 out of 1 points Only a few states now have statutes broadening the scope of common-law larceny. Answer Selected Answer: False Correct Answer: False • Question 3 1 out of 1 points Sally gave her mechanic a check for $300 in payment for car repairs. The bank dishonored her check
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Wills Problem: The Estate of Jackie Kennedy Onassis 1. The overall testamentary plan seems to be that Jackie Kennedy Onassis’ (testator) estate was allocated proportionately to those people she deemed to be the closest to her. Thus‚ the further away from Jackie via bloodline‚ the less the person inherited and the less personal the gifts seemed to be. The majority of her real and personal property was left to her children‚ while friends and other relatives received legacy gifts. Some of the
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and stated words of a statute‚ the court will presume that the jurisdiction of the courts will not be ousted or avoided. However‚ case law illustrates ouster clauses that are clearly expressed in legislation. Ouster clauses in English Law by Zoe Kirk-Robinson states that an ouster clause is a provision in a Parliamentary statute which excludes certain actions and decisions from judicial review; in the interests of the smooth administration of justice. Often‚ where a statute seeks to oust the jurisdiction
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Deal” and it explained in detail the price‚ time frames‚ and obligations. Also‚ as soon as Big Time Toy sent a fax to Chow requesting the draft of the contract‚ he faxed it to them immediately. 4. What role does the statute of frauds play in this contract? “The statute of fraud is the law governing which contracts
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1. Reasonable care means having the duty to avoid injuring others‚ both bodily injury and property damage. It also refers to when someone uses ordinary prudence under the circumstances to avoid injury or other loss. 2. A breach of duty is when someone’s unreasonable conduct endangers someone to whom they owe a duty of care to. 4. The standard of care in most negligence cases is the degree of care that the law requires in a particular case. In most cases‚ the standard is reasonableness. What an
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months of rehabilitation‚ Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph‚ as well as a medical malpractice action against the medical providers. Applicable Law Personal Injury Statute of Limitation – 4 years from the date of the incident giving rise to the action. Fla. Stat. §95.11(3)(a) Florida Motor Vehicle No-Fault Law – under this law‚ 80% of reasonable medical expenses rising from injuries sustained in an auto accident
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the interpretation of legislation and these are textual canons‚ substantive canons and deference canons. Textual canons focus on the language of the statute and the relationship between statutory provisions. Some textual canons include plain meaning interpretation where the interpretation uses the ordinary meaning of words. Here the meaning of the statute is sought in the language in which it was framed. There is also the ejusdem generis rule which follows that where a list of specific descriptors is
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LIMITATION PERIOD: Statutes of limitations are designed to help the side of the defendants. A plaintiff‚ however‚ can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled‚ the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit. Various events or circumstances will toll a statute of limitations. It
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available to help locate the law‚ each with a specific use and specific limitations. The major types of legal research resources are primary sources of law and secondary sources of law. Primary sources of law are the actual law itself — constitutions‚ statutes‚ administrative regulations‚ ordinances‚ and court opinions. Anything that creates the law is a primary source of law. All legal research should rely on primary sources. By contrast‚ secondary sources of law provide summaries and interpretations
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