English tort law English tort law concerns civil wrongs‚ as distinguished from criminal wrongs‚ in the law of England and Wales. Some wrongs are the concern of the state‚ and so the police can enforce the law on the wrongdoers in court – in a criminal case. A tort is not enforced by the police‚ and it is a civil action taken by one citizen against another‚ and tried in a court in front of a judge (only rarely‚ in certain cases of defamation‚ with a jury). Tort derives from middle English for
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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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Hostile Witnesses – Structure of Answer 1. “The issue here is whether [counsel] can discredit their own witness‚ [witness’s name]‚ in the witness box?” a. When calling a witness‚ the caller expects their testimony to be favourable to the case. When this doesn’t happen‚ the caller will want to attack the witness to destroy the effect of the evidence. b. Whether you can do this depends on whether the witness is hostile or merely unfavourable. c. Usually crops up in examination-in-chief
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The Nature of Insurance came about to offset any loss that an individual or those engaged in business may suffer through the occurrence of some unforeseen event. To offset this loss the commercial world developed the contract of insurance. In return for a fee the individual‚ or the business enterprise‚ would be indemnified for the loss suffered on the occurrence of the event insured against. Contracts of insurance cover a wide field such as life assurance‚ personal accident public liability‚ damage
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The Formation of Islamic Law In pre-Islamic time law lacked a formal structure as there was no set of laws that united the Arabic world. Towns‚ cities and rural areas all held different laws that were based on tribal tradition. With the revelations of the Prophet‚ a new religion was born: Islam. The Prophet began to introduce the word of Allah to the people and with that came basic laws that provided an introduction to law. The formation of Islamic law was based on three things‚ the Qur’an‚ the
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Jenny are currently trading as a partnership. A partnership is created in law when two or more persons agree to carry on a business together. This agreement can either be put in writing or oral. The law relating to partnerships is largely contained in the Partnership Act 1890 (hereafter "PA 1890"). Section 1 of the PA 1890 defines a partnership as "the relation which subsists between persons carrying on business in common with a view to profit. "It is important to note at the outset that‚ unlike
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Admin Law Outline Overall Analysis 1. Enabling Statute—What was Congress thinking? 2. Constitutional Questions 3. Is informal rulemaking (quasi-legislative) or formal rulemaking (quasi-adjudicative) appropriate? 4. Is there sufficient notice? The red highlighted material will not be covered on the exam although it is important information for understanding Admin. law. 3 ½ hrs. to complete exam. I. The Origin and Mandate of Administrative Agencies Purpose 1. Regulate personal behavior of
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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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UNIVERSITY OF ADELAIDE COMMLAW 7011 CORPORATE LAW (M) BUSINESS SCHOOL Week 3‚ Semester 1‚ 2012 TUTORIAL QUESTIONS WEEK 3 (Commencing Monday 12 March) Acknowledgement: These Tutorial Questions were originally devised by Martin Markovic‚ Senior Lecturer‚ Business School‚ University of Adelaide. Question 1 A‚ B and C are long time friends from University days. They share common interests especially with respect to making
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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