Salomon v A Salomon & Co. Ltd had a lasting influence in corporation law. It is often credited with the principle of separate legal entity of the corporation distinct from the members. Though there is no doubt that the Salomon case had play a significant role in company law‚ the decision in this case was hardly the origin of the separate legal entity principle. The legal entity of beings other than the human has long been recognized prior to 1897‚ in which the Salomon case was decided. The jurisprudence
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see what he says about legal method in his now well-known Postscript to The Concept of Law‚ because there he affirms that his aim all along in his work was just to give a factual account of law‚ one that did not import any moral judgment. Learning outcomes By the end of this chapter and the relevant readings you should be able to: describe the rule of recognition in detail describe what Hart calls ‘the necessary and sufficient conditions of the existence of a legal system’ explain the significance
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As per the Income Tax Act‚ 1961 where a person dies‚ his legal representatives shall be liable to pay any sum which the deceased would have been liable to pay if he had not died‚ in the similar manner and to the same extent as the deceased. As per section 159 of the Income Tax Act‚ 1961 (Act)‚ even when a person dies‚ the assessment of his income is to be done upto the time of his death. So‚ the legal representative of the deceased has to file the income tax return for the income on which the deceased
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applicants’ aptitude for the study of law. As of August 2013‚ ABA had approved 203 law schools; others were approved by state authorities only. A J.D. degree program includes courses‚ such as constitutional law‚ contracts‚ property law‚ civil procedure‚ and legal writing. Law students may choose specialized courses in areas such as tax‚ labor‚ and corporate law. Becoming licensed as a lawyer is called being "admitted to the bar" and licensing exams are called "bar exams." To practice law in any state‚ a
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shapes English law and how Statutory Interpretation contributes to such a process. The English legal system is a common law system‚ where the decisions of sitting judges in a case have future influence over future courts. Judicial Precedent binds judges by past decisions of higher courts‚ stare decisis‚ and they abide by them. This could be said to create a consistent and fair system i.e. a body of legal principles. Statutory Interpretation is how judges interpret/understand statutes‚ i.e. legislation
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rules of obligation are not in themselves sufficient to establish a system of laws that can be formally recognized‚ changed‚ or adjudicated‚ says Hart. It must be combined with secondary rules in order to advance from the pre-legal to the legal stage of determination. A legal system may thus be established by a union of primary and secondary rules Secondary rules are necessary to allow legislators to make changes in the primary rules if the primary rules are found to be defective or inadequate.
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HANS KELSEN (1881-1973) Lecture – Part I Notes Like other legal positivists‚ Hans Kelsen attempts to “describe” the law separate and distinct from morality or ideology. WHAT MAKES KELSEN A LEGAL POSITIVIST? 1. Kelsen’s theory is free from ideological issues‚ and no value judgments are made concerning the “legal system per se.” 2. Historical‚ sociological and moral issues are beyond the scope of Kelsen’s pure theory of law. As such‚ Kelsen’s “Pure Theory” attempts to examine and
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context of Jurisprudence‚ the Separation Thesis ideology‚ the view of Legal positivists‚ asserts that while legal and moral obligation are separate and there is no necessary connection between law and morals‚ legal and moral obligation sometimes overlap and it may be necessary to examine the standard of rules as it relates to our obligation to obey them‚ although‚ there is no rule to obey laws. 1 Contrary to the view of Legal positivists‚ the natural law theory denotes that rules of law are derived
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DIFFERENT FORMS OF ORGANISATION SOLE TRADING CONCERN ▪ Meaning ▪ Features ▪ Advantages ▪ Disadvantages ▪ Suitability PARTNERSHIP FIRM ▪ Meaning ▪ Features ▪ Merits ▪ Demerits ▪ Kind of partnership firm ▪ Types of partners ▪ Partnership Deed JOINT HINDU FAMILY BUSINESS ▪ Meaning ▪ Features ▪ Advantages ▪ Disadvantages JOINT STOCK COMPANY ▪ Meaning ▪ Features ▪ Advantages ▪ Disadvantages ▪ Management ▪ Forms
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of the Speluncean explorers. There will be three main parts to this essay. First‚ five key aspects that were evident in the Judge’s decision making process will be summarised. Second‚ fundamental aspects of legal positivism will be identified and described. Finally‚ a critique of legal positivism will be provided utilising two main concepts from this theoretical perspective. Chief Justice Truepenny’s decision making process will now be summarised. Trupenny used the following key aspects
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