SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules
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The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history‚ as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968‚ its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms‚ Mauritian private law is based on the French Code Civil while public law and commercial law are
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1 Sources of Company Law 1.1 W HAT IS COMPANY LAW? For the last century and a half a complex body of legislation called the Companies Acts has declared that if anyone presents to Companies House the documents required to form a ‘company’‚ the Registrar of Companies will issue a Certificate of Incorporation stating‚ like a birth certificate‚ that a new person‚ a ‘limited company’‚ has that day come into being. This robotic person‚ ‘owned’ by its shareholders‚ has no arms or legs‚ nor even
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important source of law. It defines customs and gives information about its types and what are the requisite of a valid custom‚ how are they recognized and why are they recognized? In ancient days the customary laws were the only laws as they were practiced by the people. With the passage of time and modernization of society the customary laws are seen as orthodox laws and are fast receding to the statutory laws‚ but still the laws that are passed by the parliament has its root in the customary laws
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Sources of Islamic Law There are four sources of Islamic Law. Primary Sources: The Holy Quran The Sunnahs of the Holy Prophet (PBUH) Secondary Sources: Ijma (Consensus) Qiyas (Analogy) The Holy Quran (القرآن) Muslims believe the Quran to be the direct words of Allah‚ as revealed to and transmitted by the Prophet Muhammad صلى الله عليه وسلم. The Quran is the Most Fundamental Source of Islamic knowledge. All sources of Islamic law must be in essential agreement with the Qur’an. When the
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Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury‚ the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that
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Sources of English Law By Christopher Richards 9/11/09 Executive Summary In this report I will be discussing the English Legal System‚ its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system‚ this includes most commonwealth countries and the United States. English law falls into two broad categories: Civil law - derived from Roman law‚ it is applied when “wrongs” have been made against individuals; it is also know as
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1.10 SOURCES OF LAW The main sources of law in Malaysia can be categories as follows a. the Federal Constitution b. the 13 Constitution of the States comprising the Federation c. Federal law made by Parliament d. State laws made by State Assemblies e. Federal and State Subsidiary Legislation f. Principles of English Law g. Judicial Precedent/ h. Islamic Law 1.10.1 FEDERAL CONSTITUTION Malaysia has a written constitution unlike the United Kingdom. The Federal Constitution is the
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Sources of Criminal Law. Statute/”The Book” vs. Common Law/Case Law A statute is a codified rule or written form of law. A statute identifies a particular rule of law or condition of a particular state or government. Each State has its own constitution; the states constitution and its laws are considered statutes. Generally‚ statutes are named through numbers or codes. Example: In Illinois‚ the definition of a forcible felony is found under : 720 ILCS 5/2-8. 720 is the criminal code‚ ILCS
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Sources of Law Constitutional Law (Federal and State) Statutory Law at the Federal Level Statutory Law at the State Level Local Laws of Cities‚ Countries and Towns Common Law Court Decisions-provide interpretation or clarification of the law stare decis Custom Federal Court U.S. is a party Federal question-arising under federal law Diversity of Citizenship Jeff Bauman v. Dzhokar Tsarnaev – Civil or Criminal? If Jeff Bauman was to sue‚ it would be a civil case because the individual
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