Essays Tagged: "Court"
In each case on Breach of Statutory Duty the problem for the Court is whether to allow the claimant to succeed when an action in negligence would fail. Discuss.
e taken. It is often that the statute does not express the action to be taken, leaving this for the Court to decide. When this is the case, a person who has suffered damage as a result of the breach h ... e defendant must be present, but a statutory one. Legislation is the key aspect to be judged by the Court, and some sort of civil action will be taken, even if it is undefined by statute. An action fo ...
Subjects: Law & Government Essays > Law
This paper is a detailed example of the 4th amendment.
lestonAffirming the right to confidential medical care for all Americans, the United States Supreme Court struck down a drug testing scheme targeting pregnant women developed by local police and prose ... ith doctors in a South Carolina hospital.In its 6-3 decision in Ferguson v. City of Charleston, the Court found that the Medical University of South Carolina drug testing scheme was in direct violatio ...
Subjects: History Term Papers > North American History
The differences between common law and equity.
ommon law the king was the head of the government. Common law was the law administered by the royal courts and as such a more standardised set of rules based on customary law was gradually enforced th ... is council would listen to the application and in many cases modify the decision made by common law courts. Equity was soon developed to address common law's weaknesses and inadequacies. Equity refers ...
Subjects: Law & Government Essays > Law
Court cases that deal with the 14th amendment
and Miami. Katz argued that the recordings could not be used against him as evidence, however, the Court of Appeals rejected his point, noting the absence of a physical intrusion into the phone booth ... als rejected his point, noting the absence of a physical intrusion into the phone booth itself. The Court granted certoiorai. The Court had to decide whether the 4th amendment protection against unrea ...
Subjects: Law & Government Essays
Court cases on the 1st amendment
practice polygamy as a member of the Church of Jesus Christ of Latter-Day Saints. He requested the court to instruct the jury that if they found that he had married in pursuance of and conformity wit ... with what he believed at the time to be a religious duty, their verdict should be "not guilty". The Court had to decide if the Utah law violated the first amendment. The court instructed the jury that ...
Subjects: Law & Government Essays
(5 min. speech)Explain the role of the Family Court of Australia in dealing with issues that arise within families. Make reference to a case/s.
The Family Court of Australia was established with the passing of the Family Law Act (FLA) 1975. The court is a ... Australia was established with the passing of the Family Law Act (FLA) 1975. The court is a Federal Court and is a superior court of record. It's judges have the same status as Federal or Supreme Cour ... ve the same status as Federal or Supreme Court judges. There are no juries. Appeals lie to the Full Court of the Family Court comprising three judges, and in appropriate cases, five judges. Appeals th ...
Subjects: Law & Government Essays > Law > Issues
Analyze and critically discuss the legal aspect of relief in relation to the law of property
er, the landlord may proceed to forfeit. However the ability to do so effectively is limited as the courts have jurisdiction to grant the tenant relief from forfeiture. This is an equitable jurisdicti ... te.It is part of equitys general jurisdiction to relieve against penalties and other means that the court may order the lease to continue where forfeiture is considered too drastic a remedy and dispro ...
Subjects: Law & Government Essays > Law
Burden Of Proof
tablish the truth of certain facts must also prove them. In other words the party, who moved to the court, must prove all facts necessary for the purpose.The burden of proof is the obligation on a par ... f the burden of proof (onus)Once the burden of introducing is discharged to the satisfaction of the court, then the burden is shifted to the opposite party to show as to why legal action should not be ...
Subjects: Law & Government Essays > Law
Breach of contract and specific performance: the law in India and England.
fact, was the oldest known remedy to a breach of contract. To take an example from literature, the Court's order in Shakespeare's 'The Merchant of Venice' directing Antonio to give Shylock a pound of ... ensation as inadequate.An order of specific performance, to supply the definition once again, is 'a court order to a person to fulfil his obligations under a contract.' According to an alternative def ...
Subjects: Law & Government Essays > Law
Contract Law: Can Susan successfully sue Elizebet?
his offer was being accepted. Subsequently, the school changed the mind and rejected the offer. The Court held that there was the manager was not authorized by the school, hence there was no valid acc ... police Superintendent), then was passed to a colleague, finally to the offeror (the inspector). The Court held that acceptance was communicated while the police Superintendent acted as an agent for th ...
Subjects: Law & Government Essays > Law > Cases
Common Law Civil Law
and civil lawsystems is that the role of precedent has tended to become lesssignificant. Common law courts have developed skills indistinguishing earlier judgments of which they disapprove and civilla ... tyfor the same case.'In civil law countries, legislation is seen as the primary source oflaw. Thus, courts base their judgements on the provisions of codesand statutes, from which solutions in particu ...
Subjects: Law & Government Essays
Personal Jurisdiction and the Internet
. Why is personal jurisdiction an issue for those who post Websites?It is the authority used by the court in adjudicating cases against those who operate a website for purposes other than providing in ... r to represent them.2. What are some reasons that a website owner might be concerned with whether a court is able to obtain 'personal jurisdiction' over them?When someone is unsatisfied with or injure ...
Subjects: Law & Government Essays > Law > Issues
Legal relation
003) states that when contradiction between parties occurs, it is forced to the conclusion that the courts must rely on hidden policy considerations when determining the intentions of the parties.It i ... .It could be said that the law of contract ought not to intervene in domestic situation because the courts would be swamped to due with domestic disputes. Therefore it depends mostly on the legal rela ...
Subjects: Law & Government Essays > Law
The Legal Environment of Business
. The website offers information only to web site users and does not charge for their services. The courts do not have jurisdiction over them. If yellowpages.com would charge 0.10 cents for giving out ... m. If yellowpages.com would charge 0.10 cents for giving out their information on listings then the court would have jurisdiction over them. Yellow pages.com clearly states on their web site that the ...
Subjects: Law & Government Essays > Law > Issues
Politics And The Supreme Court
ar "Joe" down the street to the most highly respected and influential judges serving on the Supreme Court.It is in the nature of all humans to get involved where they feel they are concerned; where pe ... to get involved where they feel they are concerned; where people feel they can benefit.The Supreme Court of the United States of America is one branch of the American government which many believe sh ...
Subjects: Businesss Research Papers
The International Court
No, the International Court of Justice was not the first world court. An international tribunal established under the Cove ... l established under the Covenant of the League of Nations and replaced in 1945 by the International Court of Justice. Official name, Permanent Court of International Justice.International Court of Jus ... gan of the United Nations, established by chapter 14 of the UN Charter. It superseded the Permanent Court of International Justice (see World Court), and its statute for the most part repeats that of ...
Subjects: Law & Government Essays > Law
ENGLISH CONSTITUTION
IntroductionThe role of the courts and government in judicial review is to ensure that Public authorities act lawfully; all such ... on Human Rights. (ECHR)Since the seventeenth century, in the Case of Monopolies 1602 77 ER 1260 the courts have claimed the authority to inquire into the extent and limits of the Crown’s common l ... he extent and limits of the Crown’s common law prerogative powers. Since 1700, the role of the courts in reviewing administrative and judicial decisions has been explained on the basis of the rul ...
Subjects: Law & Government Essays
Personal Code of Ethics
ractice to enable all probation officers to fulfill their goals and objectives to the Offender, the Courts, the Community and the Criminal Justice System. To the profession probation officers Shall: E ... ge relevant to the probation field and shall contribute to the knowledge base of the profession" To Courts, Criminal Justice and Community, Probation Officers Shall: Strive to provide the highest cali ...
Subjects: Social Science Essays > Psychology
European Court Of Human Rights
1. INTRODUCTIONThe European Court of Human Rights has, since long conference of European Constitutional Courts and their work, i ... opean constitutional justice. Instead, according to the conception I have of her role, the European Court works in partnership with national constitutional courts and courts of equivalent jurisdiction ... onstitutional courts and courts of equivalent jurisdiction. Whether or not itself a "constitutional court" is rather a matter of semantics. We can still qualify as quasi-constitutional court, sui gene ...
Subjects: Law & Government Essays > Government > European Union
The Availability of Protection for Rights
'new' faiths or beliefs such as Scientology.Two elements of the guarantee have come before the High Court. First, the Commonwealth cannot 'establish' a religion. This means that the Commonwealth canno ... ar religion the national religion or provide special advantages to one or more faiths. However, the Court has held that the Commonwealth can provide funding to private and religious schools without in ...
Subjects: Law & Government Essays > Government