constitution? A written constitution is precisely a charter that has been codified‚ in that the rules and regulations that citizens must abide by are stated in a single document format. Although elements of the British constitution are written‚ (eg the statute law)‚ sections of it are not. It must be noted that America follow a written constitution called the "Bill of Rights"‚ and by contrast Britain at present do not adhere to a formal written constitution. Hence‚ one must consider the advantages and disadvantages
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Any contract for the sale of goods that exceeds $500 falls under the statute of frauds and must be in writing to constitute an enforceable contract. The contract between Tidwell and Anthony amounts to $50‚000 and must be in writing to be enforceable‚ which presents the first issue in this problem. There are‚ however‚ alternative means of satisfying the Statute of Frauds. In this case‚ Tidwell provided Anthony with a good faith payment of $10‚000 when the oral contract was entered into on June
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“Parliament isn’t the most effective body to make laws.” Parliament is an elected supreme law-making body that is able to create new laws that reflect the needs of the people. It is not always effective as there are many different factors that can both help and hinder the process of legislation within the two houses. By being an arena for debate parliament is able to formulate effective laws through by discussing and debating the presented purpose of a proposed law. Thus lessening any chance of
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Constitutional Supremacy Practiced In the Country Since the common law replaced the Malay-Muslim law as the basic law‚ the country has exercised the doctrine of the constitutional supremacy. Unlike Malaysia‚ the British constitution isn’t the supreme law of the land; instead they practice the doctrine of parliamentary supremacy. The doctrine however is important for several reasons. Firstly is that one should appreciate the constitution to differentiate the Malaysian constitutional system than
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differences matter to your problem. 4) APPLY THE LAW TO THE FACTS This is the key aspect of answering a legal problem question. This important step comes after you have identified the key facts and the key legal principles from relevant statutes/case law and noted their
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Discuss and analyse the arguments for and against adopting a codified constitution in the UK. A constitution is a set of rules that seek to establish the duties‚ powers and functions of the various institutions of government. They also regulate the relationship between and among the institutions and define the relationship between the state and the individual. There are many different types of constitutions. The constitution that is in place in the UK is an uncodified one. In other words‚ it is
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Stover February 28‚ 2013 Intro to Legal Analysis and Writing After reading the case study I found that the state statute that used was the Texas Penal Code section 42.09(a)(3). This statute prohibits the desecration of a venerable object. For example the American Flag or any object that has significant meaning. The Judicial Branch of Government created the state statute‚ and that parties that were involved in this court case was Gregory Lee Johnson and the State of Texas. Besides the US
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1. Who enacted this statute? The statute for the terms of denial for unemployment benefits in the state of New Mexico would be enacted by the legislative authority in the state of New Mexico. Meaning it would fall back on the state of New Mexico to enact the statute. 2. Is this statutory mandatory or discretionary? What causal term in the statute helped you answer this question? The statute for the denial of unemployment benefits would be considered statutory mandatory. The key word in the
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words. Therefore the intention of the legislator is subject to the literal meaning of the text. This is made clear in the following dictum of Stratford JA in Bhyat v Commissioner of Immigration 1932 AD 125 129: The cardinal rule of construction of a statute is to endeavor to arrive at the intention of the lawgiver from the language employed in the enactment… in construing a provision of an Act of Parliament the plain meaning of language must be adopted unless it leads to some absurdity‚ inconsistency
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The statute on the next page deals with the denial of unemployment benefits in New Mexico. It lists the reasons for which the Division of Unemployment Services can disqualify a person from receiving unemployment benefits. Read the statute‚ and then answer the questions which follow. QUESTIONS: 1. Who enacted this statute? 2. Is this statutory mandatory or discretionary? Mandatory What causal term in the statute helped you answer this question? Shall 3. According to this statute‚ what
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