considerations: predictability; relationships among the states; simplification; forum interests; sounder rule approach I. What are we looking for in a CoL system? Examples a. Predictability [for litigants] b. Uniformity c. Ease of application d. Respect for state sovereignty (vested rights largely looks to this) e. Respect for state policy f. Justice for parties g. Party expectations h. Better law II. Domicile a. Def: includes mutual obligation between state and individual b. State
Words: 5639 - Pages: 23
Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of
Words: 13402 - Pages: 54
state along with jurisdiction binding and implemented by its authority. The rules define what we can do and what we cannot do. They are created by Parliament and are known as ‘statute law’ or act of Parliament. The content of statue law is greatly influenced by the European Union including the Human Rights Act 1998. In the case of ‘common law’, the decisions of senior appellate court are included as law. European Union (EU) law takes priority and the European Convention on Human Rights (ECHR) protects
Words: 2215 - Pages: 9
A Case Against Oklahoma’s Ban on First Cousin Marriage While public support for same sex marriage has undoubtedly increased within the last decade, the topic of consanguineous marriages is seldom discussed in popular media or the court house. In January of 2014 “District Judge Terence Kern overturned Oklahoma’s discriminatory state ban on marriage for same-sex couples” (“Oklahoma”). Nevertheless, according to section 43-2 of Oklahoma Statutes “marriages between…first cousins are…expressly prohibited
Words: 1108 - Pages: 5
Wk 6 Memo: “a brief, informative document used to communicate within an office, such as between attorneys on the same side of a case.” Legal Writing: How to Write Legal Briefs, Memos, and Other Legal Documents in a Clear and Concise Style. Ed Amanda Martinsek (2009) NY: Kaplan Publishing An analysis of the law. The goal is to explain to the reader what the law says/requires in a particular area. “A memorandum might be written, for example, after a client has asked whether a
Words: 2768 - Pages: 12
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
Words: 8584 - Pages: 35
Commercial Law Introduction International commercial law is the law regulating trade between different countries in the world. It acts as a regulatory agency and harmonizes all trade agreements between nations in the international trade that is made up of trade agreements between members subject to international trade. The main objectives of international trade law is to ensure that there is international trade relationship, helping in resolving disputes affecting trade, enforce the use of a common goal
Words: 2550 - Pages: 11
Chapter 5 The U.S. Constitution sets the framework for the U.S. government, establishing a system of government that divides power between the federal government and the states It establishes a system of government based on the principle of federalism, where power is divided between a central authority and constituent political units The 10th Amendment to the Constitution states that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states
Words: 2852 - Pages: 12
the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly
Words: 8496 - Pages: 34
right to earn a living to all American citizens iii. NOTE: EPC not really used for these arguments because men and women were so separately situated iv. HELD: claim was denied (cited Slaughterhouse cases 1872 which
Words: 8179 - Pages: 33
