...LAW SYLLABUS 9345 Contents Introduction 1 Aims 1 Assessment objectives 1 The scheme of assessment 2 Syllabus content Paper 1: Part One: Section A – The Nature of Law 3 Section B – The Effect of Law on the Individual 3 Paper 1: Part Two: Section C – The Sources of Law 3 Section D – Law Enforcement and Administration 4 Paper 2: Section A – The Market: the transfer of goods or the rendering of 4 services for cash or on credit terms. Section B – The Workplace: the legal relationship between 4 employers and employees. Section C – The Family: the family relationship arising from 5 marriage or cohabitation. Section D – The Criminal Offender: the essential nature of criminal 5 liability and the study of particular crimes. Section E – The Individual; civil liberties and rights under private law. 5 General Marking Bands 6 Textbooks 8 Contact details 10 Advanced Level Law 9345 This subject may be taken at the May/June examination only. Introduction This syllabus provides a satisfying course for those who will end their study of Law at this stage, and lays a secure foundation for those who will continue their studies in this or related subjects. It enables candidates to develop a knowledge and understanding of legal rules and institutions...
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...[pic] TABLE OF CONTENTS Page Introduction ………………………………………………………………………………. 1 Classification of Law 1. Civil law and Criminal law……………………………………………………….. 2 2. Sources of Law ……………………………………………………………… 3-8 I. Common Law ……………………………………………………… 3-5 II. Common Law and Equity ……………………………………………… 5-7 III. Statute Law ……………………………………………………………… 7-8 Conclusion ……………………………………………………………………………… 8-9 Bibliography …………………………………………………………………………….... 10 Introduction According to the statement on p.25 in Antoine’s book, Commonwealth Caribbean Law and Legal Systems, there is no general agreement as to how legal systems should be classified. Some writers emphasize a socialist legal tradition; others are concerned with technical differences while some also place more importance on the sources or origins of the law and its structure and methods. Source The socialist legal tradition has its historical origin in the Bolshevist Revolution of 1917 initiating the international and economic order known as Socialism or communism. The main legal distinguishing feature between socialist tradition and the common law or Romano- Germanic tradition is ideology. The socialist argue that law cannot be isolated from the social political and economic order within which it operates, making these elements fundamentally important in determining the type of legal system in existence. The Socialist legal tradition therefore embodies its original meaning aimed at achieving a...
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...discussions. The students’ participation in group assignments will contribute to their final course grade. Learning outcomes By the end of this unit, it is expected that the students will be able to: * Identify the entities involved in business law * Know the criteria that company managers can use to make business law decisions. * Appreciate the sources of law in Kenya and constitution making * Appreciate the law of persons, law of contract, law of tort, law of agency and negotiable instruments and their respective applications in the business environment. COURSE PLAN week | course topic | key coverage | mode of presentation | Evaluation orExercise | One | Nature and functions of law in society and business environment | 1. Classification of law 2. Sources of law in Kenya * Constitution * Statute law * Delegated legislation * Statutes of general application | Lecture | Class attendance and presentation | Two | | * Common law * Equity law * Case law * Islamic law * African customary law |...
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...Duties of debtor in obligation to give a DETERMINATE THING 1) Preserve the thing 2) Deliver the fruits of the thing 3) Deliver the accessions and accessories 4) Deliver the thing itself 5) Answer for damages in case of non-fulfillment or breach Duties of debtor in obligation to deliver a GENERIC THING 1) To deliver a thing which is of the quality intended by the parties. 2) To be liable for damages in case of fraud, negligence or delay. Remedies of creditor in real obligation 1) Specific Real Obligation a) Demand specific performance b) Demand rescission or cancellation c) Demand payment of damages only 2) Generic Real Obligation Requisites of delay or default by the debtor 1) Failure of the debtor to perform hi (positive) obligation on the date agreed upon 2) Demand (not mere reminder or notice) made by the creditor upon the debtor to comply with his obligation. 3) Failure of the debtor to comply with such demand Remedies available to creditors for the satisfaction of their claims 1) Exact fulfillment (specific performance) with the right to damages. 2) Pursue the leviable (not except from attachment under the law) property of the debtor. 3) “ after having pursued the property in possession of the debtor” exercise all the rights ( like the right to redeem)and bring all the actions of the debtor (like the right to collect from the debtor of his debtor) except those inherent in or personal to the person of the latter ( such as the right to vote...
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...Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative branch * Executive branch * Judicial branch 3) The commerce clause * State regulatory power – police power ...
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... * Our law basically originated from England * Appointed judges in each village, when judge made a ruling he was told to tell other judges in nearby villages to determine a common hearing. * Staredecisis – “let the decision stand” the beginning of…PRECEDENT which means that court must rule as prior case * At first courts were called courts at law or kings courts * When you sue you were asking for a monetary remedy ‘something to fix the damage’ basically property * Common Law is Case Law* * Courts of equity – developed because monetary remedy didn’t work, basically when a property wouldn’t be enough for retribution for crime. She gave example of person’s view outside of their house being taken away by a person’s new home. They wanted an “Injuction” which is a form of equitable remedy. Court order for someone to not do something or force you to do something. * “specific performance – Contract remedy under court of equity . * Recission – another equity remedy – a form of contract remedy * Equity courts sometimes were referred to as chancerycts courts * Hierarchy of courts – state and federal * Federal courts * Federal questions, federal statutes, patents, constitutional issue * State * Everything else really, * Probate – if you die, divorce, child custody * Diversity of citizenship –...
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...My name is Noor Rizwan and I am a first year law student. I am writing this letter to explain how the legal classification has assist me in developing the competency for this quarter (i.e. Legal analysis) furthermore I will explain about the public and private law distinction which is in crisis and at last, I have made a table that classifies my first year subjects in three different categories which are: public law, private law and International law. Classification of law has played a major role for me in developing the competency for this quarter; legal analysis is the specific competence that enables us to understand the legal issues (legal questions) and applying the legal rules to the relevant facts so that we can come to a conclusion....
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...| ASSIGNMENT 1 | BUSINESS LAW | | AHMER HAMMAD KHAN (7655) | 2/1/2011 | | Sources of Pakistani Mercantile Law Mercantile law is a part of civil law. It governs and regulates the trade and commerce in the country. Mercantile law deals with the needs of a business man. This includes laws relating to insurance, partnerships, contracts, companies, negotiable instruments, arbitration, carriage of goods etc. A mercantile law in Pakistan is taken from the English law. So it follows the English laws to a considerable extent with some modifications and reservations to suite with the Indian conditions and practices. Following are the main source of the Pakistan’s mercantile laws: 1. English Mercantile Law: An English law which developed and come into existence through the customs and usage of traders and merchants in England is the main source of the Indian Mercantile laws. These customs and usages of controlled the merchants in their dealings with each other. It is also known as the Common Law. It is unwritten and are based on customs, precedents and usages. The law of contracts is a part of Common law in England. It is one of the most important parts of mercantile law. 2. Indian Statute Law: Another main source of Indian Mercantile law is the Acts passed by the Indian Legislature. Pakistan Contract Act 1872, The Sale of Goods Act 1930, The negotiable Instrument Act 1881, The companies Act 1953 are some of the Acts passed by the Indian Legislature. 3. Judicial...
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...relations, compliance with any legal formalities and that the parties have the legal capacity to contract. Agreement Consideration Intention Capacity Formalities Scope and Content A contract is generally only enforceable by and against parties to the contract. This section considers the issue of privity of contract. This section also considers the content of a contract; once formed, how do you determine what the terms of the contract are? How should the various terms by classified and how should they be interpreted in cases of ambiguity? Exclusion clauses are given special attention here. Privity of contract Terms Construction Classification Exclusion clauses Avoidance / Vitiating Factors A contract validly formed may nevertheless be avoided as a result of a number of possible 'vitiating factors'. Most of these involve some form of unfair or unconscionable dealing by one of the parties. Misleading or deceptive conduct Mistake Duress Undue influence Unconscionable conduct Unfair Terms Illegality Performance and Termination Most contracts come to a natural end as a result of the parties performing their respective obligations. The requirements for 'performance' to discharge contractual obligations are discussed in this section. A contract may also come to an end...
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...PUNJAB TECHNICAL UNIVERSITY KAPURTHALA Scheme& Syllabus of B. Tech. Mechanical Engineering [M.E.] 3rd & 4th Semester effective for Batch 2011 By Board of Studies Mechanical Engineering/ Production Engineering / Industrial Engineering Punjab Technical University B.Tech Mechanical Engineering (ME) Batch 2011 Approved on June 27, 2012 Third Semester Course Code BTME301 BTME302 BTME303 BTME304 BTME305 BTME306 BTME307 Course Name Load Allocation L 3 3 1 4 4 3 18 T 1 1 1 3 P 6 2 2 2 1 13 Contact Hours: 34 Hrs. Marks Distribution Internal 40 40 40 40 40 40 30 30 30 60 390 External 60 60 60 60 60 60 20 20 20 40 460 Total Marks 100 100 100 100 100 100 50 50 50 100 850 Credits Strength of Materials- I Theory of Machines-I Machine Drawing Applied Thermodynamics -I 4 4 4 5 4 3 1 1 2 1 29 Manufacturing Processes – I Engineering Materials & Metallurgy Engineering Materials & Metallurgy Lab BTME308 Strength of Materials Lab. BTME309 Applied Thermodynamics Lab Advisory Meeting BTME 310 Workshop Training* Total * Workshop Training will be imparted in the Institution at the end of 2 nd semester for Four (04) weeks duration (Minimum 36 hours per week). Industrial tour will also form part of this training. Fourth Semester Course Code BTME401 BTME402 BTME403 BTME404 BTME405 BTME406 BTME407 Course Name Strength of Materials – II Theory of Machines – II Fluid Mechanics Applied Thermodynamics - II Manufacturing Processes-II Fluid Mechanics Lab Manufacturing Processes...
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...1. Formation of the contract Offer and Acceptance * “The law’s treatment of advertisements and the displays of goods in shops reflect ideas of freedom of contract as well as common sense in commerce.” Discuss. Postal Rule * “The postal rule may have been justified by the forms of communication at the time the rule was articulated but its continued use is akin to ‘flogging a dead horse.'’’ Discuss. * “The postal rule may seem anachronistic, yet although it does reflect the age in which it came into being, it remains applicable in the age of electronic communications.” Discuss. * “The postal rule may have been the correct rule to apply to the acceptance of an offer at the time it was created, but in an age of electronic communications it should be abolished.” Discuss. * With reference to the postal rule, critically assess the way in which literature and history can shed light on a principle of law. * The postal rule may have made a lot of sense at the time it was first articulated but it is not suited to modern forms of communication. Discuss. Intention to create legal relations * “The requirement that parties ‘intend to create legal relations’ is an outdated, unjust and unnecessary element of the law of contract formation.” Discuss. * Explain the test or tests that have been used to distinguish between: (1) an invitation to treat and an offer and (2) a counter offer and a request for further information. * “The law on the requirement...
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...A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro,Goldwyn,Mayer, Inc. Samuel L. Bray* I. II. III. VI. V. INTRODUCTION ...................................................................... 1! LACHES IS AND SHOULD BE AN EQUITABLE DEFENSE ............ 2! LACHES IN AN AGE OF STATUTES OF LIMITATION ................... 8! A MIDDLE COURSE IN PETRELLA ......................................... 17! CONCLUSION ....................................................................... 18! I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro:Goldwyn:Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches...
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...injury - Contract law - Business (sole, partner, corporation) - Real estate - Intellectual - Environmental 3 functions of the law 1. Settling disputes 2. Establishment of rules 3. Protection Sources of law - Case law – from recorded judgement – precedent - Statues – passed by government - Statue law – judicial understanding and application Stare decisis: to let a decision stand 1. From the judges own 2. From a court of equal rank 3. From a court of higher rank Equity - Rules originally based on decisions of the king Charter of rights - Notwithstanding clause o Permits the government to pass a legislation that conflicts or overrides charter - Right to due process o Informed of rights o Right to a lawyer Classification of laws - Substantive law o Law that sets out rights and duties o Individual right enforceable at law - Procedural o Procedures taken to enforce the law - Public o Relates to the relationship between governments and persons - Private law o Relates to relationships between individuals Chapter 2 Jurisdiction 1. Court of original jurisdiction 2. Court of appeal Criminal court procedure 1. Plaintiff – party bringing the action 2. Defendant – party defending an action 3. Discovery a. Examination and questions Class action - Group of individual represented by one attorney in a suit Chapter 3 Administrative law - Includes laws, rules, decisions etc. - All levels of government Hearing process - Authority o Bodies...
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...and other liens. 5. The options often available to buyers and sellers when mortgaged real property is sold. Mortgage--a written instrument that uses real property to secure payment of a debt. Deed of Trust--a 3-party written instrument created by statute as follows: 1. Borrower- known in a deed of trust as the grantor 2. Trustee – neutral third party who holds title in trust as long as the debt is unpaid 3. Lender – known in the deed of trust as the beneficiary There are significant differences between a mortgage and a deed of trust. Primarily in how they are foreclosed once the loan is in default.. Mortgages, for the most part, are a thing of the past and have been replaced by modern deed of trust. Following are a few terms with which you should be acquainted: 1. Acceleration Clause—a clause that makes the entire debt payable in event of default. 2. Equity of Redemption--the right of the mortgagor or another person with an interest in the property to reclaim it after default but before foreclosure. 3. Statutory Right of Redemption--the right of a debtor to redeem the property after a foreclosure sale. 4....
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...GENDER DISCRIMINATION OUTLINE I. Constitutional law A. Background: 100 years of discrimination > theme: law responding to gender discrepancies 1) Should men & women ever be treated differently under the law? a. Definition of equality: = choice/power/income i. Pay gap: women earn $0.74 for every $1.00 a man earns b. Linda Hershman article, Homeward Bound: Many educated & intelligent women decide to stay home with their babies > those decisions are connected to the fact that women are paid less than men, in general c. Evolution in law i. Common law (blackstone): women lost their identity after marriage (merged with husband) & considered inferior to men (acted under husband) - Result: Tenants in the entirety or joint accounts > assumed man put in all the $ (women has BOP to prove otherwise) ii. After 14th amendment > women began to feel that they should have rights as well B. 19th Century: 2 sphere ideology where women queen of home & men marketplace people > no = protection because genders seperaet 1) Privileges and Immunities Clause of the 14th amendment - a. Bradwell v. Illinois (1873) i. FACTS: Bradwell and her husband ran the most influential legal paper in the Midwest & she wanted a license to practice law...
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