including the landmark NBA and INS cases respectively in the United States‚ and more recently in the light of recent arguments raised in the Courts closer home in India. This essay contests the ownership of real time data‚ talks about the “hot news doctrine” and quasi-property rights in the Indian context‚ discusses the common law remedies available and throws light on the prolonged Star India case‚ which recently has come out with a neat and detailed judgment on 30 August 2013 at the Delhi High Court
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Common law versus civil law systems The two principal legal systems in the world today are those of civil law and common law. Continental Europe‚ Latin America‚ most of Africa and many Central European and Asian nations are part of the civil law system; the United States‚ along with England and other countries once part of the British Empire‚ belong to the common law system. The civil law system has its roots in ancient Roman law‚ updated in the 6th century A.D. by the Emperor Justinian and adapted
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CREATION OF LEASES AND PERIODIC TENANCY FORMALITIES A lease may be created either orally‚ in writing‚ or by deed. At common law‚ a lease may be created by parol. This remains the general mode of creating periodic tenancy which is the most common place of all types of leases. Over three centuries ago‚ parties to conveyance of land were perpetrating fraud as a result of the absence of written evidence of land transactions. The English parliament responded by enacting the STATUTE OF FRAUD in 1677
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Convention on Human Rights the United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England‚ Wales‚ Scotland and Northern Ireland. Some law applies throughout the whole of the UK this essay will discuss the operation of Precedent‚ the role played by the Court hierarchical and law reporting Question 1 the different sources of law in England There are four main sources of law in England‚ legislation or Statute Law‚ common law‚ European Union Law and the European
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In different country‚ there are different types of legal system. [2] Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems. [3] Malaysia practices the mixed legal system which consists of the Customary Law‚ Islamic Law and Common Law. [4] The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law. 5In Malaysian Legal System‚ the most important
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it‚ Common law is more apparent in our legal system today. Common law originated in England‚ is based on past judicial decisions and “by the virtue of the doctrine of precedent‚ enjoy binding force of law”. Parts of this law are still binding in Ireland today unless re-addressed in for example‚ the Constitution. European law precedents Irish law‚ in this way the Irish Constitution is overruled by the Treaties passed in the European Court of Justice‚ Luxembourg. However‚ these Treaties must
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The book points out that when cases like this are referred back to for use in future decisions they stand as precedence; the larger amounts of similar cases‚ the stronger the precedent. The commonality that is found in cases like Soldano and Keuhn contributes to a precedent which can be reflected within the doctrine of stare decisis. Just as Judge Andreen supported his opinion with cases such as Tarasoff‚ Andreen’s decision as well as Payne’s can now help to facilitate additional judicial decisions
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WRITING CASENOTES Essentially‚ a casenote is a summary of a case. Christopher Enright‚[1] as outlined below‚ suggests the type of information that should be included in any case summary. You may wish to use these points as a guide to writing your own casenote: • Formal particulars‚ including: o The name and citation of the case (ie Mabo v Queensland (No.2) (1992) 175 CLR 1)‚ o Name of the court and judge(s)‚ o Name and status of each party‚ and
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legal system – used in many countries like Australia‚ New Zealand‚ USA‚ Canada 2. Describes laws made by judges in trials (Precedents) Origin of Common Law: William the conqueror took power in England in 1066 Judges were sent out on circuits visiting villages and hearing cases From time to time‚ the judges would meet and discuss the cases they heard The idea of precedents developed Judges should be consistent when hearing similar cases; this is seen as just and fair. In the 14th Century
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1. Ethics is broadly concerned with the human flourishing and wellbeing and the construction and maintenance of a peaceful society in which all may benefit. (Staunton & Chiarella‚ 2012). 2. Bioethics is the ethical approaches to medicine that must be practical. It must be a systematic approach that uses reason to define what ought or ought not to be done‚ either as action or process (Staunton & Chiarella‚ 2012). 3. Nursing ethics are intended to provide definite standards of practice and conduct
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