INTRODUCTION The sources of international law are not the same as those in domestic law. The two major sources creating legally binding rules of international law are treaty and custom. In domestic law the question of the source of a rule or law is seldom controversial. Common law systems rely upon statutes and the decisions to be found in court judgments for evidence of the existence of the rule or law; civil law systems rely upon the appropriate legislation or Codes. It is rarely
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Emily Dinsmore Hammurabi’s Laws The dictionary gives the definition of Lex Talons as‚ “The principle or law of retaliation that a punishment inflicted should correspond in degree and kind to the offense of the wrongdoer‚ as an eye for an eye‚ a tooth for a tooth; retributive justice.” (Collins‚2015‚ par 1) The code of Hammurabi is very central to this definition. The idea of it being fair or not fair is not fair will be shown with evidence. (textbook) The culture of Mesopotamia used a vast number
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in accordance with the law. When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources. It could arise from improper pressure by the executive or the legislature‚ by individual litigants‚ particular pressure groups‚ the media‚ self-interest or other judges‚ in particular more senior judges. Why is independence important? It is vital that each judge is able to decide cases solely on the evidence presented in court by
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satisfied the neighbour test. Secondly‚ the court should ask whether there were any policy considerations which dictated that no duty should exist. The problem with the Anns test is it seemed it could be applied with little regard for previous case law
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accountability 8 1. Political accountability 8 2. Financial Accountability 8 3. Administrative Law accountability 9 4. Ethical responsibility and integrity 10 Red-Light‚ Green-Light 11 Red Light Approach 11 Green Light Approach 11 Amber Light approach 11 Foundations of Administrative Law 12 Accountability across the public/private divide 13 Legality: rules‚ discretion & policy 15 What is administrative law? 15 Legality 15 Categories of Government Legal Entity 15 Sources of Government Power
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PUBLIC INTERNATIONAL LAW Name of the Case: SADC Asylum Case (Asante/Gopenia) Year of the decision: 2014 Court: SADC Tribunal Legal Issues before the Tribunal: 1. Is Asante competent‚ as the country that grants asylum‚ to unilaterally qualify the offence for the purpose of asylum under treaty law and international law? 2. Was Gopenia‚ as the territorial State‚ bound to give a guarantee of safe passage? The Tribunal’s Decision: As a point of departure‚ Article 38(1) UN Charter provides
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Question 1 When a case of negligence is filed‚ three elements must be proven and justified in order to sustain a lawsuit. These three elements include: i) Defendant owed a duty of care to plaintiff ii) Defendant breached the duty of care iii) Defendants breach of duty caused injury or damage to plaintiff There are several parties of defendants involved in this case including Bart‚ the owner of 1 Main Street‚ the initial property where the fire broke out; Provincial Insurance Inc. for the
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Chapter 1 THE NATURE AND SOURCES OF LAW A. Nature of Law and Legal Rights 1. LEGAL RIGHTS 2. INDIVIDUAL RIGHTS 3. THE RIGHT OF PRIVACY 4. PRIVACY AND TECHNOLOGY B. Sources of Law C. Uniform State Laws D. Classifications of Law Copyright 2010 Cengage Learning‚ Inc. All Rights Reserved. May not be copied‚ scanned‚ or duplicated‚ in whole or in part. Licensed to: iChapters User 4 Part 1 The Legal and Social Environment of Business law – the order or pattern of rules that society establishes
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Administrative Law – LWZ312 EXAM NOTES 1. PROBLEM SOLVING 2 2. Practical steps 2 3. IRAC Method 2 4. Standard Exam Answers 2 A. INITIAL ISSUES 2 B. NATURAL JUSTICE 2 (i) Hearing rule 2 (ii) Bias rule 2 (iii) Jurisdictional errors in natural justice 2 5. Administrative Decisions (Judicial Review) Act 1977 2 6. Key principles in judicial review 2 7. Narrow/substantive ultra vires 2 C. Simple Ultra vires 2 (iv) Power to regulate 2 (v) Power to prohibit 2
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constitutional‚ criminal‚ and civil law. What is the relationship of law enforcement to each of these areas of the law? (Refer to Sorichetti v. City of New York) 2. Civil law means that two private individuals are involved in a lawsuit. The plaintiff is seeking either money‚ property‚ or an injunction from the defendant. The government can also be involved as a plaintiff or a defendant in a civil suit if it is seeking or defending one of those remedies. Criminal laws mean that either the state or federal
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