MIDLANDS STATE UNIVERSITY FACULTY OF LAW NAME : IVY TATENDA GUMBO MODULE: INTRODUCTION TO LAW REG NUMBER: R125548P LECTURER: MS CHAKAUYA TUTORIAL QUESTIONS DUE DATE: 8 APRIL 2013 QUESTION 1:Highlight the functions of law in society.Your answer must take into consideration the theories of law and its individual relationship Law can be defined as a set of rules and regulations which govern societal relationships and
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decision by a Federal Court of Appeals in 1941. The Supreme Court accepted Gideon's petition and reviewed the decision of the Court of Appeals. In 1963 the Supreme Court decided in favor of Gideon and overruled the previous decision changing the precedent for all state courts. The decision stated that the sixth amendment applied to states and now we are (Krajicek, Clarence Gideon
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Legal systems based off of civil, common, and religious law have been established throughout the world since the beginning of mankind. Although these systems commonly tie into one another, each policy has been shaped by its country’s unique history and their individual variations. Statutes in many sorts are provided by whom ever deems power within a particular nation. As straight-forward as this may seem, a sense of moral and reason tend to influence the law where a specific statute may not exist
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Within the UK, we currently do not have a codified/ written constitution but has unwritten constitution. This means that our constitution isn’t written down in a single document but is made up of several documents, Acts of Parliament, laws, judicial precedent and traditions. Furthermore, the UK doesn’t have a Bill of Rights but has its rights highlighted under the Human Rights Act 1998, which highlights all the individuals rights. Under the Labour government, there was massive constitutional reforms
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an example of an ordinance. A) True B) False 11. The body of law that will be used to determine which state’s law will apply in a multi-state transaction is conflict of laws. A) True B) False 12. Dicta is another term for “controlling precedent.” A) True B) False 13. Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code. A) True B) False 14. If one obeys the law, one is necessarily also acting ethically
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(Explaination) Unlike the previous Scottish Parliament which was abolished by the Act of Union in 1707, the new Scottish Parliament is not a completely independent body. The Scottish Parliament is quite clearly an inferior body in comparison to the Westminster Parliament. It is the Westminster Parliament from which the Scottish Parliament derives its authority to pass laws for Scotland. Any legislation of the Scottish Parliament is considered to be secondary legislation not primary legislation
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DECISIS, COURTS ARE OBLIGATED TO FOLLOW THE PRECEDENTS ESTABLISHED IN THEIR JURISDICTIONS UNLESS THERE IS A COMPELLING REASON NOT TO. SHOULD U.S. COURTS CONTINUE TO ADHERE TO THIS COMMON LAW PRINCIPLE, GIVEN THAT OUR GOVERNMENT NOW REGULATES SO MANY AREAS BY STATUTE? BOTH ENGLAND AND THE U.S. LEGAL SYSTEMS WERE CONSTRUCTED ON THE COMMON LAW SYSTEM. THE DOCTRINE OF STARE DECISIS HAS ALWAYS BEEN A MAJOR PART OF THIS SYSTEM—COURTS SHOULD FOLLOW PRECEDENTS WHEN THEY ARE CLEARLY ESTABLISHED, EXCEPTED
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What is common law? Common law is the body of law that was developed from judicial and custom decisions in English and United States courts and is not attributable to a legislature. At first, common law was founded on common sense in regards to the social customs. Over time, it became supplanted by statute law, which is the rules that a legislative body approved, and also judgments from the higher courts. The precedents are then recognized, affirmed, and also enforced by the courts decisions. This
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Introduction Human rights are rights that are entitled to every individual regardless of nationality and citizenship as it is inherent, inalienable, and universal. The presence of basic human rights are vital in upholding a civilized society. The idea of having individual rights and freedom is not a new concept in Britain, in fact it has very deep roots. History shows landmark advancements such as Magna Carta 1215, Habeas Corpus Act 1679, and Bill of Rights and Claim of Rights 1689 all had important
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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 part of Mercantile law. 2. Indian Statute Law: Another main source of Indian Mercantile law is the Acts passed by the Indian Legislature. Indian 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 Decisions: Another important source
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