Substantive law is law that defines rights and duties‚ such as crimes and punishments‚ civil rights and responsibilities in civil law. An example of substantive law is the law of murder: intentionally killing another person. Substantive law basically answers the question: What is the law? Procedural law is the law governing the machinery of the courts and the ways by which both the state and the individual enforce their rights in the courts. Procedural law is more like when a person can be arrested
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IMPROVING AUSTRALIA’S LAW AND JUSTICE FRAMEWORK A discussion paper to explore the scope for reforming Australian contract law 2012 © Commonwealth of Australia 2012 All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia (http://creativecommons.org/licenses/by/3.0/au/deed.en) licence. For the avoidance of doubt‚ this means this licence only applies to material as set out in this document.
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Laws are created to maintain equality‚ stability‚ and structure. To maintain order in society‚ laws are established as is punishment for disobeying these laws. Laws are broken down by classification and to some degree‚ may interact with one another. Substantive law sets the ground rules for individuals whereas procedural law is the policy on how to carry out the rules. Criminal law is for the protection of society and civil law is to serve the purpose of compensating someone for a loss due to the
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Many countries in twenty first century follow two legal forms of law namely civil and common law. The common law tradition originated during middle ages from England and was applied to the all British colonies throughout the British Empire. While the civil law traditions has it’s roots’ in continental Europe at the same time and was applied throughout the colonies of European imperial powers like Portugal and Spain. Civil law was also adopted in the nineteenth and twentieth centuries by countries
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judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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1 The application of customary law in Kenya: The application of customary law in Kenya requires the development of Kenyan legal system. This is necessary because Customary Law was treated differently during different historical time. Then came colonialism and with the introduction of such things as the region law – common law‚ equity‚ statues‚ -they had profound impact on Customary Law. During the colonialism Africans were allowed to keep their customary law then there came integration period
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LAW AND ETHICS INTRODUCTION Generally the term law means a body of regulations to guide human conduct. The Oxford Dictionary defines law as a body of enacted or customary rules recognized by a community as binding. Laws governing the external action of man may be either social or political. Social laws are based on customs and are enforced by parental and religious authority or by the pressure of public opinion. Political laws are enacted and enforced by the state. They are virtually commands‚
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MANAGEMENT SUBJECT; BUSINESS LAW LECTURER; MR MWAKAJINGA TYPE OF ASSIGNMENT: INDIVIDUAL ASSIGNMENT DATE OF SUBMISSION; 09 DECEMBER 2013 NAME: URASSA FAITH BHRM/T.2012/20 Question: Choose any legal source of law in Tanzania and explain its relevance to Tanzania development According to Carl F.Stydvin and Linda Mulcahy [2007}Law is the set of rules that governs a society and create a structure of authority or government to run the social order. Law is binding on the person directed
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Instructions • Question 1 1 out of 1 points As the common law developed‚ personal property generally consisted largely of tangible items. Answer Selected Answer: True Correct Answer: True • Question 2 1 out of 1 points Only a few states now have statutes broadening the scope of common-law larceny. Answer Selected Answer: False Correct Answer: False • Question 3 1 out of 1 points Sally gave her mechanic a check for $300 in payment for car repairs
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Subject Business Law Subject Number BBC131 Trainer Mr Tony Antoniou Due Date 7th Oct 2012 Chapter 1 LEGAL FOUNDATIONS Tutorial Questions 1 Why did common law become so rigid and flexible? The social behaviour of surroundings where society
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