Hence‚ it is vital for the lawyer operating in a specific legal system to know what the sources of law are in that system. 1 3/25/2010 Material Sources of Law Formal Historical Legislation Case-Law Custom Legislation A body of binding rules of Law Constitution Primary Legislation Subsidiary Legislation 2 3/25/2010 THE CONSTITUTION 3 3/25/2010 Supreme Law of the Land Section 2 of the Constitution: “This Constitution is the supreme law of Mauritius
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Sources of Malaysian Law Weeks 3 & 4 • The sources of Malaysian Law mean the legal rules that make the laws in Malaysia‚ which can be classified into written and unwritten law. Written Law • Is the most important source of law‚ includes the following: 1. Federal and State Constitutions. Federal Constitution – Is the supreme law of the land (Article 4 states that any law passed after Merdeka Day which is inconsistent with the constitution shall‚ to the extent of inconsistency‚
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Explain the sources of Malaysian Legal System. In different country‚ there are different types of legal system. Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems. Malaysia practices the mixed legal system which consists of the Customary Law‚ Islamic Law and Common Law. The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law.
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subsequently caught the flu and claimed the reward. The company refused to pay; Mrs Carlill sued. ISSUES Was there a binding contract between the parties? A contract requires notification of acceptance; did Mrs Carlill notify Carbolic of the acceptance of the offer? Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? Defendant argument is there was no binding contract. The ad was too vague to make a contract as there was no limit for time. There is no means of checking use
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Question 1 a) The legal fiction upon which Australia was founded refers to the British doctrine‚ “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded‚ even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the
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Regulation d. State Constitutional Law e. State Statutes f. State Based Regulations g. Common Law or Traditional Law 3. Define Stare Decisis. Why is it such an important doctrine for law? It means to stand on decided cases. It is a judge made law and each decision becomes precedent. Courts are obliged to follow binding precedents within their jurisdiction. In first impression cases a court may refer to public policy‚ or widely held social values to make a decision. 4. What are the basic steps
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POSITIVISTS believe there is no higher law than written laws. Natural laws are instead called human rights. 3. The Historical School A. Evolutionary process of law by concentrating on the origin an history of the legal system. i. Legal doctrines that have been established through time and history that shape law today 4. Legal Realism A. Based on the idea that law is just one of many institutions in society and law is shaped by social forces and needs. i. 1920 and 1930’ scholars
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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. | True | |
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Discuss the requirements for a valid contract. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. www.wikipedi.org A contract is a binding agreement between two or more people stating to do something or refrain from doing something. Not all agreements are classified as contracts. A contract is known as an acceptance or offer enforced by law between two or more people. When creating a contract
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Civil Law and Common Law: Two Different Paths Leading to the Same Goal Caslav Pejovic* "There are many ways to skin a cat" While there are many legal issues which are dealt with in the same way by the civil law and Common Law systems‚ there remain also significant differences between these two legal systems related to legal structure‚ classification‚ fundamental concepts and terminology. This paper does not deal with theoretical examination of differences between the common law and the civil
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