ISSUE 1) ICJ jurisdiction- The marine shooting incident which occurred on 15th February‚ 2012‚ was an incident between two nation States and any dispute arising there from would be governed by the principles of International Legal Responsibility under which the rights and obligations of the parties will be those existing between the Republic of India and the Republic of Italy. NO PROVISION OF MARITIME ZONE ACT APPLIES ALONE‚ MUST BE IN CONSONANCE WTH UNCLOS: The Scheme of the Territorial Waters
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1. The nature of the US Judicial system is: * US judicial system is an adversary system * It is a system in which opposing parties bring their conflict before an impartial judge 2. 2 basic types of cases: Criminal and Civil Criminal case * where the govt charge a person with a violation of a criminal law (Ex. killed someone/ robs a bank.) * Criminal law are laws that describe punishment for crimes against society * Punishment for violation of criminal law may be a fine or
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Cargill vs. Intra Strata Assurance Corporation; March 15‚ 2010 Issues: 1.Whether petitioner is doing or transacting business in the Philippines in contemplation of the law and established jurisprudence; 2.Whether respondent is estopped from invoking the defense that petitioner has no legal capacity to sue in the Philippines; Facts: Petitioner Cargill‚ Inc. (petitioner) is a corporation organized and existing under the laws of the State of Delaware‚ United States of America. Petitioner and Northern
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Company kept judicial and executive functions separate since year 1793. But this system was not perfect; the appointment procedure of judges was faulty. Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary. In 1868‚ company officers pointed out that native judges and pleaders who had received a regular legal education at the Calcutta University had a better knowledge than the civilian‚ executive
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defines individual/entity’s legal rights and obligations. -Procedural Law: (the how bw) Law which tells you how you go about enforcing your legal rights and obligations. Ex) person’s right to sue another person/entity in a particular jurisdiction ⋄ Procedural (can you do this) Ex) Do you have the right to sue and recover from another person ⋄ Substantive Law Hypo: buyer and seller of property (generic for today) -buyer is resident of IL‚ Seller is resident of Indiana. Contract
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Court of Georgia has exclusive appellate jurisdiction over constitutional cases and election contests‚ and general appellate jurisdiction over cases involving title to land‚ wills‚ habeas corpus‚ extraordinary remedies‚ divorce and alimony‚ all cases certified to it by the Court of Appeals‚ and cases in which a sentence of death was imposed or could be imposed. Superior courts are trial courts of general jurisdiction. Superior courts have exclusive jurisdiction over felony cases (except in the case
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LECTURE GUIDE of Assistant Secretary AUGUSTO P. QUIJANO Department of Agrarian Reform 1. Discuss the requisites for the existence of tenancy relations: a) The parties are the landholder and the tenant; b) The subject is agricultural land; c) There is consent by the landholder for the tenant to work on the land‚ given either orally or in writing‚ expressly or impliedly; d) The purpose is agricultural production; e) There is personal cultivation or with the help of the
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Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 78909 June 30‚ 1989 MATERNITY CHILDREN’S HOSPITAL‚ represented by ANTERA L. DORADO‚ President‚ petitioner‚ vs. THE HONORABLE SECRETARY OF LABOR AND THE REGIONAL DlRECTOR OF LABOR‚ REGION X‚respondents. MEDIALDEA‚ J.: This is a petition for certiorari seeking the annulment of the Decision of the respondent Secretary of Labor dated September 24‚ 1986‚ affirming with modification the Order of respondent Regional Director of
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Justice n. Fairness‚ moral rightness‚ and a scheme or system of law in which every person receives his/her/its due from the system‚ including all rights‚ both natural and legal. One problem is that attorneys‚ judges‚ and legislatures often get caught up more in procedure than in achieving justice for all Judiciary: The branch of government that is endowed with the authority to interpret and apply the law‚ adjudicates legal disputes‚ and otherwise administers justice. Every society in human history
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Is Universal Health Care the Best Fit for America? Ms. Jani Pearson Janet M. Lambert Eng. 122 Composition II December 3‚ 2012 Introduction Most developed nations have universal health coverage. Why doesn’t the United States have universal health coverage? In that health care issues in the United States have been a hot topic for some years‚ many involved in the discussion have compared the successes and failures of other developed countries’ healthcare policies as a model to integrate
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