INTERNATIONAL LAW OUTLINE I. THE TYPES AND SOURCES OF INTERNATIONAL LAW Statute of the International Court of Justice: (Article 38) The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply: (a) international conventions‚ whether general or particular‚ establishing rules expressly recognized by contesting states; (b) international custom‚ as evidence of a general practice accepted as law; Determining custom: The general
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Scottish law recognises four sources of law: legislation‚ legal precedent‚ academic writings and custom. The Sources Of Legislation in Scottish Law Legislation affecting Scotland may be passed by Holyrood (Scottish Parliament)‚ Westminster (Parliament of the United Kingdom‚ made up of the House of Commons and the House of Lords) or The European Union (made up of The European Commission‚ The Council of the European Union‚ The European Parliament‚ The Court of Justice and The Court of Auditors)
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possible to capture what law is? It is possible to capture what law is from a standpoint independent of its content by positing a descriptive account of its characteristic features. In response to the limitations of early empirical positivism propounding the command theory‚ the conventional positivists put forth the separability thesis‚ by which law can be described distinct from any morally laden propositions. However‚ the value of such a purely descriptive account of what law is remains fundamentally
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& INTERNATIONAL LAW ] | | The law-making system of the European Union Sources of law There are three main sources of European Union law. Primary law The primary law of European Union comes from founding treaties and subsequent amendments. This is the very basis of EU law and has direct impact on the lives of EU citizens. Primary laws are created by direct negotiations between governments of member states. Secondary law Secondary laws have roots in primary law and are made to
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CON LAW OUTLINE I. Role of the Judiciary A. Federal Judicial Review: Why a Constitution? Functions: Separation of Powers (SOP) Federalism (C defines relationship between national & state power) Individual Liberties Unique Aspects: Marbury v. Madison: US Sup Ct-1803 Facts: P appointed to be Justice of the Peace for life by Adams as his term ended. Jefferson takes office and D refuses to deliver the commission to P Case began in the US Sup Ct. Holding: Sup Ct lacked jurisdiction
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General Intro to Law Essay Outline Summary of the Case: -The Roffey brothers agreed to a contract with Shepherds Bush Housing Association stating they were going to renovate 27 flats in Twynholm Mansions in London. -The Roffey brothers subcontracted the carpentry to Lester Williams for £20‚000 which included a payment plan. -Part of the job was done. £16‚200 was paid. -Lester Williams ran into financial difficulty. The price was too low. -Now the Roffey Brothers were in trouble because
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Topic 1: Common Law & Environmental Harm: Nuisance 5 §1.01: Private Nuisance 5 [1] Definition of Private Nuisance 5 [2] General Rule 5 [3] Unreasonableness of Intentional Invasion 5 [4] Gravity of Harm Factors 5 [5] Utility of Conduct versus Gravity 6 [6] Important Historical Nuisance Cases 6 [7] Nonpoint Source Groundwater Pollution 7 [8] Coase Theorem 7 §1.02: Public Nuisance 7 [1] Definition and Overview of Public Nuisance 7 [2] Who Can
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State Action requirement The Constitution does not generally apply to private entities or actors; there must be a state law passed or action through officers or agents of the state‚ which is adverse to the rights of the citizen seeking our adjudication. The Civil Rights Cases. COMEDOWN: While the state action doctrine may have serious costs: absent statutory restrictions‚ private conduct can infringe or trample even the most basic of rights‚ this court likes the state action doctrine because
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Mały skrypcik: Introduction to European Institutional Law ;) Na podstawie programme 2013. Materiały → dr Izabela Skomerska-Muchowska‚ notatki z zacnych wykładów jejmości i inne niezbędności. Ania‚ Asia‚ Artur ;) Special thanks to Maciek! 1. Evolution of European integration and legal character of the European Union a. Political foundations of European Communities 9th of May 1950 – Schuman’s Plan (Schuman – French foreign minister) "Europe will not be made all at once‚ or according to a single
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Constitutional Sources B. Lochnerism 1. Lochner Era 2. Demise of Lochner II. Fundamental Rights Under Due Process A. Constitutional Sources B. Process for Analyzing C. Incorporation Debate D. Family Autonomy E. Contraception F. Procreate G. Abortion H. Sex I. Medical Decisions J. Control of Information III. Equal Protection A. Constitutional Sources B. Analysis C. Rational Basis D. Race and National Origin 1. Reason 2. Facial Discrimination 3. Facially Neutral Laws With a Discriminatory
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