School of Law L341 - ADMINISTRATIVE LAW ∗ Please note that this is a draft. The material is under revision. ∗This material has been prepared by John P. Sangwa and was initially part of a larger study undertaken by the author. The material is meant for students studying L341. The reproduction for any purpose whatsoever of this work or any part thereof in any form or manner is not allowed without the permission of the author. 1 INTRODUCTION What is Administrative Law? Administrative
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if management thinks it’s warranted.” Profits remain high‚ but no bonus is paid. If the employees sue‚ would a court enforce the promise? The fact that a promise has been made does not mean the promise can or will be enforced. Under the common law‚ a primary basis for the enforcement of promises is consideration. Consideration usually is defined as the value (such as cash) given in return for a promise (in a bilateral contract) or in return for a performance (in a unilateral contract) Something
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Stephanie Alvarez Professor Sean Diaz Law and Environment Week 2 assignment 3. According to this appeals court‚ what errors were made by the judge at trial? The judge has made a judicial error by allowing the Plaintiff’s counsel to comment on the case about Minichiello’s boss being a German with an "attitude of hatred" and made forced analogies to Nazi Germany and the Holocaust. The judge also allowed irrelevant testimony‚ which asserted that the Club discriminated against Latinos
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aspects of employment are covered by law. Every aspect of employment is covered by the law in order to ensure that employees and their employers are treated fairly and respectfully in the work place. For example‚ employment law covers matters of discrimination and unfair treatment within the workplace‚ ensuring that employees cannot be abused or treated unfairly due to their race‚ age‚ gender‚ sexual orientation‚ or any other protected characteristic. Employment law covers other mechanisms which exist
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Any Kind Checks Cashed‚ Inc. v. Talcott it was crucial to determine whether holder of the instrument acted in good faith and fair dealing‚ as is required to have status of holder in due course. The definition of “good faith” is found in Commercial Law Article § 3-103(a)(4): “Good faith’ means honesty in fact and the observance of reasonable commercial standards of fair dealing.” The court upheld a trial court finding’s that Any Kind had not acted in good faith in cashing a check for $10‚000 but
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1 The application of customary law in Kenya: The application of customary law in Kenya requires the development of Kenyan legal system. This is necessary because Customary Law was treated differently during different historical time. Then came colonialism and with the introduction of such things as the region law – common law‚ equity‚ statues‚ -they had profound impact on Customary Law. During the colonialism Africans were allowed to keep their customary law then there came integration period
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information supplied about the property. Pincus J found that the agent had been negligent in respect of the information relating to the property and that the vendors‚ as principal were vicariously liable for the acts of their agent under the general law‚ because he found that the agent was acting within the authority of the vendor‚ at least insofar as it described the house to be built of brick Smith v Land and House Property Corporation (1884) LR 28 Ch D 7 Facts It holds that a statement of opinion
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the adversary system‚ whether or not it remains in theory‚ in practise breaks down..” - Lord Devlin. There is an argued analogy with the United States Constitution‚ however as it is based on their Constitution it has no parallel in Australian law. Could create difficulties - eg. Accused could demand counsel of a particular degree‚ skill or experience. Lack of representation may mean that an accused is unable to receive‚ or not receive a far trial. Brennan J. Whilst dissenting
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Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments. According to William Geldart‚ Introduction to English Law 146 (D.C.M. Yardley ed.‚ 9th ed. 1984)‚ "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only
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Evaluate the Effectiveness of Law Reform in Australia Law Reform in Australia is effective in varying degrees. Through Native Title Reform and Law Reform in Sport‚ the effectiveness of Law Reform in Australia is further outlined. The term ‘Native Title’ refers to the right of Indigenous people to their traditional land. In Australia it has a legal significance of the right to an area of land‚ claimed by people whose ancestors were the original inhabitants of the land before European settlement
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