duty to govern in accordance of law; the role of the courts as guarantor of legality and individual right‚ the priceless gift‚ subject only to constraints by law established‚ of individual freedom.”(Lord Bingham of Cornhill‚ The case of Liversidge v Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual
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FOUNDATION IN LAW – 2013 English Legal System Assignment Yong Suan Kai Question 1 (a) Briefly explain the history of the English common law prior to the Norman Conquest in 1066. (5 marks) (b) State the developments of the common law after Norman Conquest in 1066. (6 marks) (c) Explain the drawbacks of the common law system in England and Wales. (7 marks) (d) What are the effective developments that have taken place to overcome the problems faced by the common law system
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LLM CANON LAW 2nd year Essay 4. What is the civil law on abortion and is this at odds with the Roman Catholic canon law? Introduction The word abortion comes from the Latin ’aboriri’ meaning to miscarry‚ where pregnancy ends too soon and the baby dies. The Abortion debate has become one of the most divisive and contentious issues of our time. Garlikov is of the opinion that once those for or against abortion reflect with more rationality‚they will discover
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the bank for a breach of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors made a default on their loan obligation
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Criminal law is not (just) for the protection of individuals but also for the protection of society Moderate / Disintegration Thesis: 1 The state has power to legislate morality in order to protect itself against behaviors that may disintegrate society and its institutions Society “means a community of ideas; without shared ideas on politics‚ morals‚ and ethics no society can exist” (Devlin‚ 10). Devlin appealed to the idea of society’s "moral fabric." He argued that the criminal law must
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Role and Function of Law Law/ 421 January 11‚ 2013 Professor Gary Matano The law plays an important role in business and society. The law imposes rules and regulation that carry out the moral standards of business and society. The laws help maintain the policies and ethical conduct of individuals‚ groups‚ and corporations run smoothly. In business law can build goodwill between merchants and consumers. This should be considered in commercial
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FORMALITIES Common law has no form requirements for contracts: oral contracts are enforceable Consequences of failure of complying with formal requirements vary from statute to statute but include penalties‚ fines and civil consequences ie. Non-enforceability of contract Legislation imposes formal requirements for certain types of contract (this goes beyond the common law) ; e.g.: Consumer credit (has to have warnings‚ and writing) Sale of motor vehicle (needs written work of purchasing car
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Legal Environment of Business Class Notes 8/19/13 2 Branches of Law Civil vs. Criminal Civil Criminal Burden of Proof (quantum/amount of evidence) b.o.p is on plaintiff who initiates a civil action (51% preponderance of evidence - over 50% of the believable evidence is in the plaintiff’s favor) **Can have both Civil and Criminal in a trial burden of proving the defendant’s guilt is on the prosecution‚ and they must establish that fact beyond a reasonable doubt Remedies
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#1 “Hittite Law Code” and the “Code of the Assyrians” In this paper‚ I’ll compare both law codes of the Hittites and Assyrians by comparing the two aspects dealing with sexual conduct and relations. Also‚ I’ll examine their differences and similarities and consider why regulating sexuality was so important to both the Hittites and Assyrians. When examining the Hittite and Assyrian law codes‚ I thought there was a big difference. The first thing I noticed was that the Hittite laws were stricter
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Contract: a legally enforceable agreement General Rule (GR) for an agreement to be legally enforceable‚ following requirements must be satisfied: 1. There is an agreement between the parties (2 or more persons) 2. The parties intended to create legal relations 3. Each party has provided consideration‚ that is‚ paid a price or made a promise GR for an agreement to be formed: 1. One person (the offeror) has made an offer 2. Another person (the offeree) has accepted the offer 3. The offeree
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