of the SYD sale‚ or the main obligation is conditional on the smaller obligation‚ condition precedent to the duty to PERFORM the actual contract) (1) Is the condition a condition precedent to the existence of a binding contract for the purchase of the Sydney property? No‚ intended to be binding before condition fulfilled‚ something to occur until the MAIN obligation’s due. It’s a condition precedent to PERFORMANCE of the main contract (also referred to as condition subsequent). (2) When
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to court for the commitment of a crime Standing to sue-one of the doctrines of justiciability derived from the case or controversy requirement of Article II Class action lawsuit-In law‚ a class action‚ a class suit‚ or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court Amicus curiae briefs-filed by someone not a party to the case but interested in the legal doctrine to be developed a certain way Attorneys-people who represent others
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1) Floors n’ More‚ Inc.‚ hires Gordon to renovate Floors n’ Mores showroom. Gordon submits plans that Floors n’ More approves. Gordon completes the major reconstruction‚ paints the interior‚ and buys the fixtures and furnishings. Floors n’ More rejects some of these items because they do not match the plans‚ and subsequently refuses to allow Gordon to finish the work or to collect payment. Could Gordon sue successfully for payment for the entire contract? I believe that Gordon would be able
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judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts 3)trial by the jury and the doctrine of the supremacy of the law(originally meant king above law‚now means acts of governmentall agencies are subject to scruting in ordinary legal proceedings) 4)everything is permitted which is not prohibited by law 5)binding ‚overruling through same court or legislation Judicial precedents derive their force from the doctrine of stare decisions[lat=stand
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2. Equity 3. Customary Law 4. Religion 5. Criminal Law 6. Civil Law 7. International Law 1) COMMON LAW (also known as LAW OF PRECEDENTS) * Common Law if a legal system that is largely formed by the decisions previously made by the court and similar tribunals. * It is also known as Case Law or Law of Precedents. * It is developed by Judges through decisions of courts. * It binds future decisions. * It is based on the principle that it is unfair to treat
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Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. ANSWER: F BUSPROG: Analytic B9. + Decisions by higher courts are not binding on lower courts. ANSWER: F BUSPROG: Analytic B8. 5 TYPE: AICPA: BB-Legal Common law is a term for the laws that are familiar to most of us. ANSWER: F BUSPROG: Analytic B7. PAGE: PAGE: 8 TYPE: AICPA: BB-Legal = Courts are not obligated to follow precedents. ANSWER: F BUSPROG:
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ESSAY TILE: 1) “Judge made-law” STUDENT NUMBER: 111173370 CANDIDATE NUMBER: 151403 For long it has been the received opinion that judges filled in the gaps left by rules by using their discretion. Positivistic jurisprudence from Austin to Hart placed strong emphasis on the part played by judges in the exercise of their discretion. “In these cases it is clear‚” Hart said‚” that the rule-making authority must
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POSITIVISTS believe there is no higher law than written laws. Natural laws are instead called human rights. 3. The Historical School A. Evolutionary process of law by concentrating on the origin an history of the legal system. i. Legal doctrines that have been established through time and history that shape law today 4. Legal Realism A. Based on the idea that law is just one of many institutions in society and law is shaped by social forces and needs. i. 1920 and 1930’ scholars
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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 and principles which constitute the law applicable in a country
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the “holding” of the case binds future courts and creates precedent. At the heart of the common law system is the doctrine of stare decisis‚ which translates to “let the decision stand.” Stare decisis creates precedent and thus‚ when a court has decided a case in a particular way‚ future cases should be decided the same way. However‚ stare decisis will only apply if the facts of the case are substantially similar to the prior case. Precedent acts as a major guide for judges when hearing similar cases
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