U.S. Judicial System Assessment Timery Toupin Baker College U.S. Judicial System Assessment There are several options available today when forming a business depending on the size of the business and number or owners involved in it. Each has advantages and disadvantages which I will discuss briefly here. The sole proprietorship is the least complex and cheapest form of doing business. It is a company with one owner and it is not registered with the state. Starting a sole proprietorship
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Equity follows the law. Discuss Equity has no clash with law neither it overrides the provisions of law. Nor it is the enemy of law. It adopts and follows the basic rules of law. It is said that equity is not a body of jurisprudence acting against the law but rather a supplement to law. it is a well-known rules that equity follows the analogies of law The equity came not to destroy the law but to fulfil it , to supplement it , to define it .Equity respects every word of law. Equity is intended
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within the system, such that the inferior courts are expect to follow the decision of courts superior to them. The line of authority is within the jurisdiction but does not cross jurisdiction lines. 5. What is the doctrine of "stare decisis" or “precedent”? Why is it important ? The American government follows the doctrine of stare decisis. Courts are expected to follow the decisions of court in parallel cases. When the higher courts applies to the law for certain facts, its decision controls similar
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understand how the system works is to examine the structure and function of the different courts in America. This paper will describe a court and its purpose, define the dual court system and describe the role that early legal codes, the common law, and precedent played in the development of courts. In addition it will also identify the role of courts in criminal justice today. Over time, the court systems have established a sense of regularity or systematic procedures. The court system in the United States
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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 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 Decisions: Another important source
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enforcement of all private or public rights, as opposed to criminal matters. • Civil Law System: a system of law derived from that of the Roman Empire and based on a code rather than case law. • Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. • Constitutional Law: the body of law derived from the U.S Constitution and the constitutions of the various states. • Criminal Law: law that defines and governs actions that
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Business law Glossary Chapter 1 stare decisis “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. administrative regulations rules made by state and federal administrative agencies. case law law that includes principles that are expressed for the first time in court decisions. common law the body of unwritten principles originally based upon the usages and customs of
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the constitution. Strict constructionists and judicial activism are two sides of the same body that guide a judge in the decision making of court cases. Strict construction is defined as the interpretation of the law while basing the argument on the narrow and literal meaning of the law. It does not make exceptions for the difference in times of writing the constitution and conditions experienced today, changes in the society and innovations. Judicial activism, on the other hand, considers what the
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Disability Discrimination is when a someone treats an employee or an applicant unfavorably because she or he has a disability. The employer also has to provide accommodation that are reasonable to the employee with the disability. Under this law it also protects people from discrimination based on their relationship with the person with the disability (Disability Discrimination). On October 18, 2016 McDonald’s was order to pay $56,500 for a Disability Discrimination suit that they had against them
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and places them into effect. Once the laws are placed in effect, they are then enforced by the executive branch. The executive branch is in control of all law enforcement agencies. After the laws are enforced by the officials to the public, the judicial branch will get involved as needed to act as a referee. They determine if the laws that are passed are valid according to the provisions stated in the U.S. Constitution. Our democracy needs all of these branches in order to be effective. That is
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