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Business Law

By markraj75 Apr 27, 2012 930 Words
Q1.Private Members Bills
Private Members’ Bills are Public Bills introduced by MPs and Lords who aren’t government ministers. As with other Public Bills their purpose is to change the law as it applies to the general population. A minority of Private Members’ Bills becomes law but, by creating publicity an issue, they may affect legislation indirectly. Like other Public Bills, private Member’s Bills can be introduced in either House and must go through the same set stages. However, as less time is allocated to these Bills, it’s likely they will proceed through all stages. A Bill is a proposal for a new law, or proposal to change an existing law, presented for debate before Parliament. To introduce a Bill a Member needs to provide its short title (by which is known) and its long title (which describes briefly what it does). Complete texts are not necessary and some Private Members’ Bills are never published in full. There are four ways of introducing Private Members’ Bills in the House of Commons: the Ballot, the Ten Minute Rule, Presentation and Private Members’ Bill from the Lords. Q2. Mokhtar v Arumugam (1959) M.L.J 232

The above case is taken from a local journal. Discuss the characteristics of the above case. In the above case mention, Mokhtar is Plaintiff and Arumugam is the Defendant. A plaintiff is a person who starts the lawsuit and the person or entity against whom the case is brought is called the defendant. Unlike a criminal case, in which the central question is whether the offender is guilty of the crime, in a civil suit, the question is whether an offender or third party is responsible for the injuries suffered. It generally covers on cases like sale and purchase of property, business contracts, personal or domestic problems, divorce cases and such types where one’s constitutional and personal rights are breached. In a civil suit, unlike a criminal prosecution, the plaintiff is responsible for the cost of litigation. Most attorneys handle victim cases on a contingency basis, which means that the attorney fee is deducted from the final award.

Q3.In the case of Hornal v. Neuberger Products Ltd, (1956) All E.R. 970 the defendant falsely represented that the goods sold had been factory reconditioned. He was charged with the criminal offence of obtaining money by false representation and in the civil action for fraud. a.In the above criminal offence:

(i)Name the relevant party that would bring the case to court. Answer: Plaintiff -Hornal
(ii)Explain the meaning of ‘burden of proof’.
Answer: The burden of proof is the obligation to shift the accepted conclusion away from an oppositional opinion to one’s own position. This is a statement of a version of presumption of innocence that underpins the assessment of evidence in some legal systems, and is not a general statement of when of one takes on the burden of proof. The burden may also be assigned institutionally. He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. (iii)Identify the part obliged to discharge this burden of proof. Answer: Defendant -Neuberger Products Ltd

(iv)What is the standard of proof required to prove the defendant is guilty? Answer: The plaintiff (Hornal) must be able to prove the case to the judge and jury that the defendant (Neuberger Products Ltd) is guilty.

(v)Explain the ‘standard of proof’ in question 2aiv above. Answer: The standard of proof is the amount of evidence which a person must be able to present in a trial to win case. b.In the above civil wrong:

(i) Name the party responsible to initiate the case to the court. Answer: Hornal
(ii) State the party who is obliged to discharge the burden of proof. Answer: Plaintiff-Hornal
(iii) State the standard of proof that is required to prove that the defendant is guilty.
Answer: balance of probabilities.
(iv)Define the standard of proof mentioned in question 2 (b) (iii) above Answer: To prove balance of probabilities.
(v)Who determines the appropriate sentence for both the offences committed by the defendants? Answer: The judge
Q4.Lara Duta, a famous movie star has signed a contract act in a movie, produced by Skop Productions. The film was a box-office hit and Lara was promised a RM60000 bonus. As the promise was not honored, Lara went to see Kana director of Skop Productions, to ask for her money. When Lara confronted Kana, he became very angry. A scuffle ensued between them and Kana hit Lara with a heavy crystal paperweight. Lara died on the spot. What are the various classification of law involved in the above scenario? Answer: Civil Law and Criminal Law.

From the classifications of law in question (a), discuss their features. Answer:
Civil Law – Lara Duta has signed a contract to act in a movie produced by Skop Productions. The film has a box office hit and Lara was promised RM60000 bonus. A breach of contract is under the category of Civil Law. Criminal Law – Kana the director of Skop Productions had scuffle with Lara Duta and hit her with a heavy crystal paperweight that caused Lara’s death on the spot. This is classified as a murder case under Criminal Law. Name the parties involved in the law suits and their legal status. Answer:

1)Lara Duta v Skop Production
2) Lara Duta v Kana

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