Business Law Midterm Chapter 1 - Nature of Law and Legal Rights * Legal Rights: rights (legal capacity to require another person to perform or refrain from performing an act) and duties (obligation of law imposed on a person to perform or refrain from performing a certain act) coexist. * Individual right: any statutes‚ ordinances‚ or court decisions cannot violate the rights given in Constitution. * The Right of Privacy: Fourth Amendment (only search under reasonable suspicion) and protecting
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LAW 2014 Exam Review Checklist CANADIAN LEGAL SYTEM Purposes of law – 1) To maintain the integrity of state boundaries‚ 2) To maintain law and order‚ 3) To protect citizens from each other‚ 4) To provide a civilized forum for resolving disputes between citizens. 5) To protect citizens from illegal or oppressive government action 6) Provide a civilized forum for resolving disputes between citizens and government 7) Establish and maintain standards relating to areas such as health‚ education
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Laws are an intrinsic part of our lives and are necessary for the common good and welfare of society. Black’s Law Dictionary‚ as quoted by Melvin (2012)‚ defines law as a “body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force.” In other words‚ laws are rules of behavior that are legally binding and are enforced by a controlling authority. Laws affect many aspects of our lives in ways that we may not even think about: we pay our taxes‚ observe
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Court to review law for constitutionality (=extension of power of judiciary) Facts: Outgoing president Adams appoints justices as his last order. Appointments are approved by senate‚ but secretary of state Marshall (who later becomes chief justice) does not deliver them in time. New president Jefferson declares them void. 1. Does Marbury have a right to the commission to be appointed judge? 2. If so‚ does the law grant remedy? 3
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topic THE LAW OF EVIDENCE AS PART OF ADJECTIVE AND PROCEDURAL LAW Certain procedural rights and duties stem from the law of evidence for eg the right to cross-examine. Eg: motor vehicle accident and A sues B for damages – the plaintiff must prove negligence on the part of the defendant. The court will then order the defendant to pay the plaintiff say R50 000‚00 for damages. This is a delictual claim – substantive law How do we give effect to substantive law? Through the law of evidence
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evolves‚ the conditions of society must constantly adapt‚ and in doing so‚ the necessary evolution of criminal law develops. Law has gone from informal to formal noted as either public or private‚ and classified on a broad spectrum accordingly. Criminal law has made note of causations and exceptions‚ accounting not only for the crime but for the actor himself and his victim. Criminal law seeks information about who commits crimes and why‚ as well as how crime can be stopped. In early societies
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with civil-institutions. Apparently‚ because of the dual legal system‚ Malaysia inherits legal tradition from both the Islamic law and the common law. The more interesting discussion of this research would elaborate how co-existence is possible in Malaysia without conflict. Before British colonization in Malaya (confined to all states in the Peninsular Malaysia and excluding Sabah and Sarawak in the Borneo islands)‚ Islamic law is only applicable in the state of Malacca. In Malacca the law was
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LAJ 102 MIDTERM REVIEW Law- a written body of general rules of conduct applicable to all members of a defined community‚ society‚ or culture‚ which emanate from a governing authority and which are enforced by its agents by the imposition of penalties for their violations. Culture- the totality of learned socially transmitted behaviors‚ ideas‚ values‚ customs‚ artifacts‚ and technology of groups of people living in a common society. It is the transmission of all sorts of information from generation
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Habeas Corpus Document that requires a person be brought to determine if he or she is being legally detained i.e. there must be grounds for detention Preliminary hearing Held to determine if there is sufficient evidence to justify a trial Due diligence Defence that the accused took reasonable care not to commit Precedent Legal decision that serves as an example and authority in subsequent similar cases; the legal principle in which similar facts result in similar decisions Marriage Contract
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of precedence and has two aspects: 1) definitional or substantial – the principle of law is found in the precedence called the ratio decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2) Structural: what precedent cases must be followed. Rupert Cross wrote a book called “precedence in legal law” and described the structural component of the stare decisis as “every court is bound
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