WHY DID EQUITY DEVELOP? HOW DID THE CHANCELLOR’S JURISDICTION OPERATE? I. INTRODUCTION Justice is the `quality of being just; righteousness‚ equitableness‚ or moral rightness’.1 The application of rigid rules can result in a judgement‚ however‚ not justice. The civil law is based on the principle Dura Lex Sed Lex2; this principle holds that the law is harsh‚ but is the law. Therefore‚ a judge can only apply what is written in the law. On the other hand‚ the common law system is based not
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Subashini Rajasingam v. Saravanan Thangathoray & Other Appeals [2008] 2 CLJ 1 FC Summary of the case: (4 marks) There were three appeals (02-19-2007(W)‚ 02-20-2007(W) and 02-21-2007(W)) before us and with the agreements of the parties‚ they were heard together. The parties to the three appeals were originally Hindus husband and wife; they were married pursuant to a civil ceremony of marriage that was registered on 26 July 2001 pursuant to the Law Reform (Marriage and Divorce) Act 1976 (the 1976
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SEPARATION OF POWERS IN BOTSWANA Government The constitution implicitly recognises the separation of powers by dealing with each of the three organs of government in separate and distinct provisions. The executive is dealt with in chapter IV‚ sections 30-56‚ the legislature in chapter V‚ sections 57-94 and the judiciary in chapter VI‚ sections 95-106. Executive The whole of chapter IV of the constitution deals with the executive. Part I deals with the President and Vice President‚ part II with
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Summary International Law Week 1: International law: Rules and principles that govern the international relations between sovereign states and other institutional subjects of international law. * Created primarily by states. * The fact that rules come into being in the manner accepted and recognized by states as authoritative‚ is enough to ensure that ‘law’ exists. * When a country breaches international law‚ the Security Council may take enforcement action‚ or it can result in the loss of
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guard antitrust. 2.1 Extraterritorial application of U.S. Antitrust law Extraterritorial implementation of United States antitrust provisions is reviewed as disputable. This point of view could be affected by the fact that United States antitrust jurisdiction was the initial ones
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Law enforcement agencies have many different functions. Federal‚ state and local levels each are organized to effectively provide the services the public needs. Together these agencies work to accomplish numerous tasks. Although each level of police agency has its own responsibilities and job roles‚ their functions are very similar. A closer look reveals what the various functions of police agencies at each level are‚ how the agencies’ functions compare to one another‚ and the impact policing
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constitutional right to a jury trial. • Court jurisdiction is determined by age. • Individuals have the right to counsel. • Individuals on trial do not have a right to a jury trial. • There is the ability to negotiate and plea bargain. • Court proceedings are public. • Purpose of procedures is to protect and treat. • Proceedings are not considered criminal. • Justice system personnel use discretion. • Court proceedings are private. • Court jurisdiction is determined by offense. • Proceedings
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A court system is created to determine the innocent and the guilty when a conflict arises. In many cases it is convicting a criminal for a crime that has been committed. The system entitles everyone to a fair trial no matter what the case and in each trial it is the team that is prosecuting that most prove that if the accused is guilty. Not the accused having to prove their innocence. The victim in most cases looks to see that justice is served to the criminal. The accused looks to try and get another
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Nicole Mazurkiewicz CJA/343 Graham Quisenberry July 12‚ 2010 This paper will present an assessment of Criminal Law. The paper will discuss sources and purposes of criminal law. Some of the topics that will be discussed will be‚ explain jurisdiction to create and enforce criminal law‚ the adversarial system and what standards of proof are needed in criminal cases. We will also discuss the concepts of criminal liability versus accomplice liability as well as‚ inchoate offenses and how they
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intents and purposes is an ideal that has come into being‚ a precursor of a branch of a future world government. Governments who wish to settle legal disputes may submit jurisdiction to the ICJ for settlement. The court also performs arbitration and mediation functions between states but it cannot impose compulsory jurisdiction without the states express consent. The problem with the International Court of Justice being the law between states is that it stands on flimsy ground being that international
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