Admin Law Outline Overall Analysis 1. Enabling Statute—What was Congress thinking? 2. Constitutional Questions 3. Is informal rulemaking (quasi-legislative) or formal rulemaking (quasi-adjudicative) appropriate? 4. Is there sufficient notice? The red highlighted material will not be covered on the exam although it is important information for understanding Admin. law. 3 ½ hrs. to complete exam. I. The Origin and Mandate of Administrative Agencies Purpose 1. Regulate personal behavior of
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courts nut they have legally qualified person along with him two others in the tribunal are one represents employer’s organization and other representing trade union. Tribunals have to deal with wide areas of employment law most common allegations are concern with employee common problems such as redundancy‚ breach of employment protection rights‚ equal pay‚ unfair dismissal and discrimination claims etc. Employment tribunal act introduced to protect employee rights intended to give quick and cheap
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Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
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Milligan (1994) • Kavanagh v. Caulfield (2002) • Curust Financial Services Ltd. v. Loewe-Lack-Werk Loewe GmbH & Co. KG (1993) • National Irish Bank v RTE (1998) Delay Defeats Equity • JH v. WJH (1979) • McGrath v Stewart (2008) Equity Follows the Law‚ But Will Not Permit a Statute to be Used as an Instrument of Fraud • Graf v Hope Building Corporation (1930). • Rochefoucauld v Boustead
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“The Law of Intention‚ following the cases of Woolin (1999) 1 AC 82 and Matthews (2003) 2 Cr App R 30‚ is now satisfactorily defined in the criminal law”. Discuss. Mens Rea refers to the guilty mind required for criminal liability. Intention and recklessness are the two forms of Mens Rea that are part of most offences and have been the subject of judicial scrutiny. There is a vast volume of case law on intention and recklessness which demonstrates the problems that courts have had in perfecting
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The Formation of Islamic Law In pre-Islamic time law lacked a formal structure as there was no set of laws that united the Arabic world. Towns‚ cities and rural areas all held different laws that were based on tribal tradition. With the revelations of the Prophet‚ a new religion was born: Islam. The Prophet began to introduce the word of Allah to the people and with that came basic laws that provided an introduction to law. The formation of Islamic law was based on three things‚ the Qur’an‚ the
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AN INTRODUCTION TO ENVIRONMENTAL LAW James Maurici‚ Landmark Chambers Introduction 1. This talk will look at: i. What is environmental law? ii. The sources of environmental law iii. Some key concepts in environmental law: the precautionary principle‚ the polluter pays‚ public participation and access to environmental justice iv. An introduction to the main areas of environmental law: a. air quality b. climate change c. contaminated land d. noise e. environmental permitting f. waste g. water h. nature
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1-What role do aggravating and mitigating factors play in deciding whether to sentence a convicted defendant to death? Aggravating and Mitigating factors play a huge role in determining whether a defendant should get the death penalty. The aggravating factors are generally the most gruesome facts of the case and are more likely to sway a jury towars the death penalty. These factors make the defendant out to be a monster while the Mitigating factors cause more sympathy. When a
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Almost all ethnicities preserve culture‚ heritage and or tradition that they cherish and pass down to the next generation. Heritage and tradition can be expressed in any form the ethnicity chooses to use. Some cultures use food as a way to express. For instance‚ in my Arabian culture‚ we like to cook mostly with grains. A popular grain dish is couscous. It consists of grains made from semolina. Just as food is a big part of culture and heritage‚ it is not limited solely to food. Most cultures
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sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation‚ in England and Wal Consumer Contracts Regulations 1999‚ the Unfair Contract Terms Act 1977 applies to all contracts‚ but the Unfair Terms in Consumer Contracts Regulations 1999‚ unlike the common law rules‚ do differentiate between contracts between businesses and contracts between business and consumer‚ so the law seems to explicitly recognize the greater possibility of exploitation of
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