DOCTRINE OF INTENTION IN THE LAW OF COURTS A contract is an agreement between two or more competent parties in which an offer is made and accepted‚ and each party benefits. When we look to see if a valid contract has been formed we look at the formation of the contract i.e. offer‚ acceptance‚ consideration and Intention to create legal relationships. This is an integral part of contract law. In England and most civil law countries existence of a contract depends on a theory that parties intend
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Assignment Common Law Common law is based on the bible‚ stare decisis and precedent. Basically what this means is that common law is recognized as law even if it is not actually written in the books. For example common law marriage is recognized when a couple lives together for so long even if they do not have an actual marriage license(Miller & Jentz‚ 2010). Jurisdiction Jurisdiction is the authority of the court to hear a case. For example federal court hears federal laws‚ where a state
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In the state of Massachusetts‚ Common Law Burglary is defined as “the breaking and entering into the dwelling of another at night with the intent to commit a felony”. It’s very important to note that in order for a crime to be considered as burglary‚ it is necessary for it to take place at night. Another important factor involved in a burglary is that usually the owner of the establishment is not present during the time at which this crime is taking place. Most states share the same elements of what
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& disadvantages of following the practice of precedent in a legal sense. Answer:- The doctrines of binding precedent is concerned with the importance of case laws in English legal system. If one case has decided a point of law then it is logical that solution will be looked at in the future. The American Judge‚ Oliver Wendell said ‘the life of the law has not been logic it has been experience’‚ Miles Kingston put it another way: binding precedent means ‘A trick which has been tried before successfully’
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Historical development of English Common Law Originally issued in the year 1215‚ the Magna Carta was first confirmed into law in 1225. This 1297 exemplar‚ some clauses of which are still statutes in England today‚ was issued by Edward I. National Archives‚ Washington‚ DC. English common law emerged from the changing and centralizing powers of the king during the Middle Ages. After the Norman Conquest in 1066‚ medieval kings began to consolidate power and establish new institutions of royal
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respected because of the code of conduct that the judges‚ no matter how conservative or liberal. The language of the court as well as the uniform of the cloaks that judges wear has most probably contributed towards this widespread respect. Throughout the history of the United States‚ I noticed a pattern of “cause and effect” that our judiciary branch had practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy‚ but will be active when the time comes
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United States Court Systems This report is designed to give an overview of both the United States Court system and the Michigan State Court system. It will discuss each system individually and explain each court and general knowledge about that court. It will explore the similarities and differences between the 2 court systems and what the requirements are to determine in which court system cases should be heard. The Federal Courts The Federal Court system is comprised of 3 different tiers
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Revision questions for NGC1 element 1 Foundations in health and safety These will probably be the first set of revision questions that you attempt. The questions are‚ as their name indicates‚ intended to help you revise the main points of each element. Having said that‚ many of the questions could also be found‚ little changed‚ in your Certificate examination. Past examinations Actual past papers must form an integral part of your revision programme as you prepare for the examinations; your
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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CONSTITUTIONAL LAW" TEAM CODE: T34 JUDICIAL ACCOUNABILITY: A FACET OF REALITY ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled powers to themselves. Courts are important
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