What is Contract? Contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as contract. Since the law of contracts is at the heart of most business dealings. There are two important elements in Agreeement of Contracts‚ i.e. 1) A proposal or an offer 2) An acceptance of that proposal or offer Essential Elements of a Valid Contract:- a) Agreement: - A negotiated and usually
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Unauthorized Practice of Law Facts: Mr. Stan Smith calls his friend‚ Polly Paralegal‚ and leaves a message asking‚ “Do the grounds for divorce in North Carolina include adultery?” Later that day‚ Mrs. Stan Smith calls Polly Paralegal and leaves a message asking‚ “Do I have grounds for divorce in North Carolina? I just found out that Stan committed adultery.” INTRO: QUESTION 1: If Polly Paralegal answers Mr. Smith’s question‚ will she have engaged in the unauthorized practice of law? Explain
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Light and nutrients. Light is the key abiotic factor which controls the growth of woodland. It controls the spacing of the trees‚ shape of the trees and the shape and structure of the shrub and ground layers. If a trees branch does not receive enough light it will die. Irelands native woodlands are deciduous so there is a dramatic variation of the amount of light which reaches the forest floor through the seasons. In spring when the leaves have yet to grow and the temperature has begun to rise the
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Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands‚ unlike in other significations of desire‚ the one commanding has the power to inflict evil or harm upon the one commanded‚ once the command is ignored. Command and Duty are correlative terms (parang games lang‚ haha!) * wherever a duty lies‚ a command
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1. ------------------------------------------------- Basic Legal Notions Law - is a set of rules that is binding the community. A set of rules that can be enforced and is officially recognized. Law must be capable or reform and change as society’s values and ethics change. Relationship between customs‚ rules and laws- Customs and rules govern behavior but the courts do not enforce them on community members. The community may generally see a custom as right but it is not legally enforceable.
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Essay. 1. Does the dismissal or withdrawal of charges and the desistance of witnesses automatically result in the dismissal of an administrative case against a judge? Why or why not. NO. The withdrawal of the complaint does not have the legal effect of automatically exonerating the respondent from any administrative disciplinary action. It does not operate to divest this Court with jurisdiction to determine the truth behind the matter stated in the complaint. Furthermore‚ the need to maintain the
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58 of the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 1998. Conditional fee agreements are becoming increasingly popular‚ this is because if the claimant is unsuccessful he/she will not have to pay the Solicitor for his service‚ hence‚ no win‚ no fee. Therefore it is in the best interest of both parties for the Solicitor to win the case‚ and the claimant to be awarded the damages. When dealing with a civil case it is very difficult to know how much taking the case
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Legal positivists make some distinctive claims about what constitutes legal validity. It is difficult to improve on the following introduction offered by Leslie Green: "Whether a society has a legal system depends on the presence of certain structures of governance‚ not on the extent to which it satisfies ideals of justice‚ democracy‚ or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example‚ legislative enactments
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the deceased can always sue for the recovery of debts due to the deceased.But he cannot sue for the breaches which caused mere personal injuries on nthe deceased. Origins of the maxim latin References ^ Goudy Two Ancient Brocards in Essays in Legal History Vinogradoff (ed.) and Winfield Textbook of the Law of Tort 2nd edn. p.201 ^ a b cf. the remarks of Viscount Simon in Stewart v. London‚ Midland and Scottish Railway Co. 1943 SC (HL) 19 at 26 Pinchon ’s case[3] and Hambly v. Trott.[4] --
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HOW FAR CAN YOU APPLY LEGAL PLURALISM IN MALAYSIA Definition Legal pluralism is the existence of multiple legal systems within one geographic area that‚ in Malaysia‚ occur when – • the law of the British colonial authority exists alongside more traditional Malay “adat‚” Islamic and customary legal systems. • different laws govern different groups‚ i.e. Islamic Laws for Muslim conduct and Common Law for Non-Muslim conduct. • the customary legal systems of the indigenous population
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