I THE FUSION FALLACY If an Australian lawyer were asked about the significance of 1975 in the development of Australian law‚ he or she would no doubt point to the famous constitutional crisis that culminated‚ on Armistice Day of that year‚ in the use by the Governor-General of the ‘reserve powers’ to dismiss the government of the day. That event generated great legal and political controversy for many years‚ and ‘left many unresolved problems’.[2] Yet‚ except as an issue in the now muted republican
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COMMON LAW AS A LEGAL SYSTEM Common Law and Civil Law When defined in this way the term ¡§common law¡¨ is used to refer to a type of legal system called the common law legal system. The legal systems of various countries are modeled on the English legal system and these countries are said to have a ¡§common law legal system¡¨. This includes most of the British Commonwealth and the United States. The common law legal system involves such matters as trial by jury‚ presumption of innocence etc
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THE LAW OF EQUITY Class Notes by J. K. Asiema © 2005 University of Nairobi TOPICAL OUTLINES 1. Historical Origin and Development of Law of Equity in England 2. Maxims of Equity 3. Equitable Remedies include Injunctions‚ Specific Performance Etc. 4. Application of Equity in Kenya - The Nature‚ Historical Origin & Development Of Law Of Equity In England DEFINITION OF EQUITY Equity has an ordinary meaning and a technical meaning. In the ordinary sense‚ equity means fairness‚ justice
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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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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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equitable obligation therefore‚ it is argued that substantive fusion has not occurred. This strengthens the dualism argument and supports Ellesmere’s comment. However‚ as common law and equity are administered in one court it is argued that each jurisdiction has borrowed from the other but‚ this has not happened because the remedies do not cross over. However‚ it is argued that the different remedial responses of the common law and equity arose as ‘an accident of history.’ Furthermore‚ Lord Diplock
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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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INFORMATION TECHNOLOGY ACT‚ 2000 The Act rather than giving information and technology gives rise to cyber crime. 2011 11/14/2011 INFORMATION TECHNOLOGY ACT‚ 2000 The Act rather than giving information and technology gives rise to cyber crime. 2011 11/14/2011 Table of Contents Introduction 3 The Information Technology Act‚ 2000 5 Positive Aspects of Information Technology Act: 9 Rise of Cyber Crime 11 Caselet 14 Statistics and Facts 18 Case Study 28 Case Study 1
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PREFACE This assignment throws glimpse on the important aspect of the Equity and trust-‘CONCEPT OF EQUITY’. The law relating to equity is largely built on precedent. The rules have been built upon by previous situations which they have dealt with. Equity" may generally be defined as the correction of a defect or error in the law. This idea is apparently of ancient origin‚ tracing back at least as far as Aristotle‚ who defined equity as an exception to the rule where the lawgiver ’s pronouncement is
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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.e. comprising of husband‚ wife and children living
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