general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation‚ Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of the offeror. This principal also applies to others modes of communications which are (a) Instantaneous means of communication‚ (b) Postal rule and (c) Others mode of communication. However‚ the postal rule is an exception towards general rule for the acceptance. The traditional postal rule stated
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The Exclusionary Rule Abstract This paper will present the Exclusionary Rule and the original intentions for its enactment. It will discuss the importance of the rule and how it is a protection against an unlawful search and seizure and a violation of the rights provided by the Fourth Amendment. Also‚ this document will display the history of the Exclusionary Rule‚ with its first appearance in the case‚ Boyd v. United States in 1886. Weeks v. United States will show a better-established‚ stronger
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The rule of law is a legal maxim stating that no person is above the law‚ that no one can be punished by the state except for a breach of the law‚ and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law‚ a feature of Roman law‚ Nazi law‚ and certain other legal systems. Albert Dicey British jurist A. V. Dicey popularised the phrase "rule of law" in 1885. Dicey emphasized
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Final Paper This paper examines the exclusionary rule. Explains the reasons for the origin of the exclusionary rule. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but‚ the true meaning as well as the exceptions. There are also a number of cases mentioned throughout
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IRAC/CRAC What is it? • Issue‚ Rule‚ Analysis‚ Conclusion OR Conclusion‚ Rule‚ Analysis‚ Conclusion • Method for organizing legal analysis so that the reader can follow your argument • Especially helpful in writing exams (IRAC) and legal memos (CRAC). How to do it? As an example‚ we will look at whether someone can sue for battery as a result of inhaling second-hand smoke. The issue we will look at is whether there is contact‚ which is required for a battery claim. Issue
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Volcker Rule Restrictions on Proprietary Trading: The Impact on USMediumCapitalization Banks Abstract The paper aims tofind out the effect of the announcement of the Volcker rule on the stock returns of commercial banks with medium capitalization‚ defined as 500‚000 million to 5 billion. Different from our hypotheses‚ mid-cap banks experienced positive abnormal returns (ARs) and cumulative average abnormal returns (CAAR) as a result of the release of the Volcker Rule. Theinterpretation
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Eligibility Rules HSM/240 September 8‚ 2011 Eligibility Rules The eligibility rules for benefits and services vary according to each human service agency. According to the United States Department of Housing and Urban Development (HUD Gov.2011) and the United States Department of Veterans Affairs (VA. Gov. 2010)‚ the following table depicts a few examples of how the eligibility requirements can be similar and different for the same need. |PROGRAM & AGENCY |TYPE OF MONEY
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The rule of law is the application of laws consistently‚ without showing favouritism not authorized by said law‚ or otherwise deviating from it. The rule of law is often a criterion used in judging whether a country has good government or not. It is a principle that values procedural over substantive fairness. In some cases‚ for example‚ even when a defendant is known to be guilty‚ his case will be dismissed on the grounds that the government violated the law by gathering evidence in ways that violated
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1.0 Introduction The rule of law is fundamental in any society where human rights are to be protected. The word rule comes from “règle” and law from “lagu” roughly translating to “supremacy of law”.1It is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur. The most important application of the rule of law is the principle that government authority is legitimately exercised in accordance with established
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Aristotle wrote “Now‚ absolute monarchy‚ or the arbitrary rule of a sovereign over all citizens‚ in a city which consists of equals‚ is thought by some to be quite contrary to nature;....That is why it is thought to be just that among equals everyone be ruled as well as rule‚ and therefore that all should have their turn. And the rule of law‚ it is argued‚ is preferable to that of any individual. On the same principle‚ even if it be better for certain individuals to govern‚ they should be made only
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