understand the “rule of law” in the United States, it is important first, to understand common laws, statutory laws, and case law; what they are and how they are created. All laws are rules of conduct; they dictate certain forms of acceptable societal behavior which provides a safe and predictable means of interaction between individuals and parties such as government entities, businesses and individuals. Common-law, originating from the English courts, is “the traditional body of unwritten historical
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made by parties when contracting. Mistakes are not generally enforceable at the law court and are often treated as void or voidable. Mistakes are generally irrelevant, but exception to this places great emphasis on operative mistake which includes common mistake, mutual mistake and unilateral mistake. Mistakes or misunderstanding may render a contract void when the following are presents; * Mistake of the law; When a party enters into a contract, without the Knowledge of the law in the country
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Law Case analysis MONTGOMERY ELEVATOR COMPANY, a Delaware Corporation authorized to do business in the State of Colorado, Petitioner, v. Brenda GORDON, Respondent No. 79SC207 Supreme Court of Colorado 619 P.2d 66; 1980 Colo. LEXIS 770 November 10, 1980 Parties: Brenda Gordon: Plaintiff in the first instance Appellant in the second instance Montgomery Elevator Company (Elevator maintenance company) Defendant in the first instance Appellee in the second instance Westinghouse Electric
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would never be able to whistle blow because that will almost always violate the term of one’s employment contract. However, if the contracts was designed in such a way to abet illegal activities, we can argue that they are unlawful contracts. Under common law, an illegal contract is “a contract that the courts will not honour because the purpose of the contract is to achieve an illegal end”. In this case, if the non-disclosure is to protect illegal activities by the government then we can argue that
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How to write a case review assignment 1. TITLE 2. INTRODUCTION: * Which court decision has been discussed here? * What is the case about? * What are you going to discuss in each chapter/section 3. THEORY and/or CONCEPTUAL FRAMEWORK * Explain the theory or concepts, or define the legal terms that are important for understanding the case and they are usually provided in the book. For example: * What does the concept ‘negotiations’ mean? *
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Text: Miller/ Jentz, Business Law Today – The Essentials, softback -9th Ed., West,(2008). Bulletin Description: Introduction to the role of law and administrative agencies in business transactions; case studies in torts, property, contracts, sales, agency, business organizations, and employment law. Prerequisites: BIS 101, Tier I Continuing Admission to Professional Business Studies. . Methodology: Lecture, case study analysis, group in-class Assignments. . Course Objectives:
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Assignment 1 – Where Laws Come From? How would you explain or describe common law, stare decisis and the use of precedence in the United States? What do you think about the power of the courts under this system? What are the pros and cons (good and bad) aspects of this type of legal system? What do you think about the power of the courts under this system? The common law is an age-old law of England based on local social customs and recognized and enforced by the judgments and decrees of the
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Viewpoint The Future of the Common Law in Hong Kong Acting Solicitor General Robert Allcock argues that while there will clearly be many areas of controversy in these early years after Reunification, he has no doubt that the common law will endure Hong Kong took place in order to bring them into line with those human rights guarantees. The Basic Law The Letters Patent and the Application of English Laws Ordinance ceased to apply after 30 June 1997. In their stead we of course have the
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impediment development of Administrative Law principles. The irony further is that the rule of law is now an important part of modern Administrative Law. Whereas the rule of law is still the one of the very important principles regulating in common law countries and common law derived countries modern laws has denied some of the important parts of rule of law as proposed by Dicey at the start of 19th Century. Dicey defined rule of Law as the “absolute supremacy or predominance of regular law as opposed
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Addressing International Legal and Ethical Issues LAW/421 December 18, 2013 Addressing International Legal and Ethical Issues International legal and ethical issues are extremely important to know how to deal with when you are going to join into or do business in any other country other than the U.S. In this stimulation of CadMex Pharma and Gentura, they are facing several international contracts, transactions, ethical issues and sublicensing agreements. CadMes Pharma is a pharmaceutical
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