Case Study Case 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’‚ a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers
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judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.” Generally‚ the position judges adopted is to interpret the law instead of concerning with the justice of their decisions. In modern tie‚ there is still existence of powerful ideology that denies any creative role to judges. The popular view of the judges is not to give the judge a law-making
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Constitutional Laws Constitutional law is the branch of law relates the relationship between the judiciary‚ the legislature‚ and the executive. Constitutional law is responsible for setting out the government’s general operating framework. Constitutional laws usually determine the scope of the terms contained in constitutions‚ and their applications. Constitutional laws cover various areas of law‚ such as individual rights‚ relationships between various bodies of governments‚ legislative
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make law or merely play a role in interpreting law? Discuss Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law‚ which is also known as the statue law and the secondary law‚ which is also known as the common law. For the primary law it is created by the legislature‚ which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary law‚ which
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Anti-discrimination Law Question 1: [Sexsual harassment] Sue works for a company called X-Pest Pty Ltd. One day Sue walked into the lunchroom of the business. In the lunchroom was a number of male and female staff that were looking at the latest Queensland Netball Team calendar called “Chicks of Netball”. The players in the calendar were semi-naked. As Sue walked into the room‚ Bruce‚ who knew Sue was very shy around men‚ was pinning up Miss October on the staffroom fridge. As Sue came over
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Comparative Law Case 1-1. IGNACIO SEQUIHUA V. TEXACO INC. ET AL. United States District Court for the Southern District of Texas‚ 1994. FACTS: Plaintiffs‚ Ecuador residents‚ filed suit in Texas over alleged environmental damage in Ecuador. Plaintiffs pray for money damages‚ an injunction to clean up‚ and a court-administered trust fund. Defendants bring motions to dismiss. ISSUE: Should the court decline to exercise jurisdiction based on the doctrine of comity of nations? HOLDING: Yes. LAW: Section
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The English word “law” refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people‚ or even natural phenomena‚ usually behave. An example is the rather consistent law of gravity; another is the less consistent laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example‚ the speed limits imposed upon drivers that prescribe how fast we should drive. They rarely describe how fast we actually do drive‚ of course
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TUTORIAL WEEK 3 TOPIC: APPLYING THE LAW LEARNING OBJECTIVE: 1. To understand how laws and the legal system are used to solve legal problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter
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are four main sources of Irish law: 1) The Constitution 2) EU law 3) Statute law (including statutory instruments) 4) Common Law & case law precedent. 1) Constitution - see www.constitution.ie for text and some official publications 2) EU law - see www.europa.eu (I’m not sure if that is the exact text but you can google) for EU laws 3) Statute law - see www.irishstatutebook.ie & www.oireachtas.ie 4) Case law & precents - see text books on Irish law or go to www.courts.ie and the
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Question 1 | | 1 / 1 point | Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. | True | | False | View Feedback | | Correct. | Question 2 | | 1 / 1 point | The doctrine ofstare decisis obligates judges to follow precedents established within their jurisdictions. | True | | False | View Feedback | | Correct. | Question 3 | | 1 / 1 point | Common law develops from rules of law announced in court decisions
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