means already decided. This rule operates as a bar to the trial of a subsequent suit on the same cause of action between the same parties. Its basic purpose is - "One suit and one decision is enough for any single dispute". The rule of ’res judicata ’ does not depend upon the correctness or the incorrectness of the former decision. It is a principle of law by which a matter which has been litigated cannot be re-litigated between the same parties. This is known as the rule of "res judicata" (thing decided)
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‘’With the exception of the Dominican Republic‚ the nations assembled refused to change their immigration regulations.’’ (Museum of tolerance‚2) This piece of evidence shows that the Dominican Republic was willing to change their immigration regulations to help the Jews
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The general rule at common law is that hearsay evidence is inadmissible unless it falls within a common law or statutory exception. The rationale behind this exclusionary rule is that out of court statements made by others cannot be tested in court by cross-examination to see if they are true or not Hearsay evidence is renowned as one of the most difficult areas as of law to pigeon hole and define. It has been widely interpreted and reinterpreted by the courts. A useful starting point is the definition
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Employment-At-Will Doctrine: three major exceptions From my research of this topic it is obvious that the United States is still the only industrialized nation that lacks a national wrongful dismissal statute. The reason for the lack of such is not of course the federal structure of the United States. In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial exceptions to the rules seek to prevent wrongful terminations
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Exception of Hearsay Evidence under S. 73A of the Evidence Act Hearsay can be defined as the information gathered by one person from another person concerning some event‚ condition‚ or thing of which the first person had no direct experience. When submitted as evidence‚ such statements are called hearsay evidence. Hearsay evidence is generally not accepted in court. The general rule is that all relevant evidence are prima facie admissible‚ except for hearsay and opinion. However‚ under the Evidence
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Should the criminal justice system exceptions in application of law? It’s not fair to punish someone if they did something by accident or punishing a kid for doing something that he didn’t know was wrong. On the other hand‚ it’s a different story if they did it on purpose or if they knew it was wrong‚ and the person still chose to do it. For those reasons‚ the United States criminal justice system should allow exceptions in application of law. One topic of exceptions made to the criminal justice system
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The case of Zara: a supposed exception to globalization The article written by Nebath Tokatli is about the case of Zara‚ a fast fashion retailer company supposed to be an exception to the global trend of this sector. The author‚ after a brief introduction in which she declares her purpose to demonstrate this idea to be false‚ starts describing the change in the culture of fashion from “houte couture” and ready-to-wear too fast fashion. Fast fashion retailers do not directly invest in design
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There are six major exceptions to the warrant requirement. 1. Search Incident to Lawful Arrest A search incident to lawful arrest does not require issuance of a warrant. In other words‚ if someone is lawfully arrested‚ the police may search her person and any area surrounding the person that is within reach (within his or her “wingspan”). See Chimel v. California‚ 395 U.S. 752 (1969) EXAMPLE: John is arrested for driving while intoxicated after being pulled over for running a red light.
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* We should follow the rules so that we can maintain peace and organization within our society‚ economy‚ and even our country. Without rules no one would be able to work together. * Two different kinds of people can be heard to utter that question‚ "Why have rules?" One of them does not believe in rules; the other believes in rules and adds a few more words to the question‚ "Why have rules‚ if you are not going to enforce them?" I would like to examine both sides of this argument. Many people
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Carl Schmitt defines the “state of exception” as a condition that suspends normal legal norms and influences the increase in the exercise of sovereign power in a state of emergency or crisis. Throughout his writings‚ he uses examples from the Civil War Reconstruction era in the United States to support his argument that in times of crisis or emergency‚ the sovereign has the authority to set aside existing laws and norms in order to preserve the state as a whole. During the Reconstruction era in the
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