1.Rule of LawThe rule of law‚ upheld by an independent judiciary‚ is one of Hong Kongs greatest strengths. This refers to some of the fundamental principles of law that govern the way in which power is exercised in Hong Kong. The rule of law has several different meanings and corollaries. Its principal meaning is that the power of the Government and all of its servants shall be derived from law as expressed in legislation and the judicial decisions made by independent courts. At the heart of Hong
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Jury • A group of citizens sworn to hear testimony and evidence at a trial and decide if the defendant is guilty or not of committing the crime(s) Trial by Jury • The fate of the accused is determined by peers How is a jury selected? • Through a process called empanelling: A list of jurors is created from a list of people living in the area where the court is located 1. 75-100 names from the list are randomly picked 2. These people are summoned to appear in court by notice from the sheriff
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Fordham International Law Journal Volume 20‚ Issue 5 1996 Article 6 The Role of Law in Business Development Ibrahim F.I. Shihata∗ ∗ Copyright c 1996 by the authors. Fordham International Law Journal is produced by The Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj The Role of Law in Business Development Ibrahim F.I. Shihata Abstract Part I of this Essay concerns the law of developing nations as it effects business growth. Part II describes the legal framework
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reaction to the “harshness of the common law or lack of developments in common law”. Furthermore‚ the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition‚ complainants often complained about officials in respect of misconduct and unfairness. During the 14th century petitioning to the King was so common that some complaints had to be referred
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English Law is broad‚ with the real starting point at the Norman Conquest in 1066. During that time‚ England was mostly ruled by customs prior to the Conquest. It wasn’t until William the Conqueror took throne that modern English law started to develop‚ under the common law. Fast forward to 21st century‚ and now the law has been a lot more developed‚ with its sources divided into two‚ the primary source and the secondary source. The primary source being case law‚ legislation‚ and European law. In the
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The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen‚ and he was acknowledged to be the rightful king‚ but the magnates and such had sworn loyalty to Henry’s daughter‚ Matilda. The entire reign of Stephen‚ which lasted from 1135 to 1154‚ was spent fighting with Matilda and her French husband. Upon Stephen’s death the son of Matilda‚ Henry II‚ became king in 1154. It was from here on that the King started to take
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The role of the law "is a system of rules usually enforced through a set of institutions". (Wikipedia‚ 2007) These rules are governed and regulated as specific types of laws. Some types of laws are constitutional laws‚ which exist only at state and federal levels. (Mallor et al.‚ p.2‚p.3) This types of law sets up structure and oversee prevention of other government levels. (Mallor et al.‚ p.2‚p.3) Another type of law is Statues in which elected representatives draft a book or code that is authorized
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Equity has brought benefits to many litigants who would otherwise have been severely disadvantaged by the common law. Discuss‚ with reference to decided cases. William the Conqueror found England with no single system of law common to the whole country. The law was mainly sets of customary rules which differed from area to area. For example‚ in one area you could get away with stealing‚ in another it would be seen as crime. There was no such thing as ‘ The English Legal System” until William’s
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and indentureship periods and beyond to the cultural heritages of Africa‚ Europe‚ India and elsewhere. Three of these family forms are the family based on common law unions‚ the matrifocal family and the extended family. Some theorists such as Melville Herskovits (1958) attribute the prevalence of certain types of Caribbean family forms to African society and some of the social institutions and social dynamics of those societies. A common law union is similar to the unit of the nuclear family i
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did common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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