that had been recently passed by parliament in 1689 (Dammer & Albanese 69). Other aspects that have shaped England was the formation of the Supreme Court of the United Kingdom with the Constitution Reform Act of 2005. Adding more structure to the common-law system, in 1967 England began defining crime as either “arrestable” or “unarrestable” in 1967 (Dammer & Albanese 171). Crimes such as murder and burglary are arrestable and if convicted will result in a fixed prison term however crimes…
1. Answer: When Iron Mill Corporation offered to sell City Company 2000 to 5000 tons of fifty-pound iron rails on June 8, City Company did not accept it. Instead, City Company made a counter offer by entering an order for 1,200 tons of fifty-pound iron rails referring to Iron Corporation’s offer of June 8 on June 16. This meant that City Company rejected the original offer. Furthermore, Iron Mill Corporation rejected City Company’s counter offer which meant that City Company could no longer…
According to the section 3 of Australian Consumer Law (ACL) the term ‘consumer’ is referred as follows: A person is taken to have acquired particular goods as a consumer if, and only if: (a) The goods were of a kind ordinarily acquired for personal, domestic or household use or consumption; or (b) The goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. In the case Colette who is an owner of competing bakery complained of misleading…
Judicial Assignment 1. Describe the two judicial philosophies? First there is Judicial Activism, which is a doctrine holding that the federal judiciary should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority. (Bades, 2016) Then there is Judicial Restraint which is A doctrine holding that the courts should defer to the decisions made by the elected representatives of the people in the legislative and executive…
This question focuses heavily on ‘reasonable foreseeability’. Reasonable foreseeability is a “mechanism which limits the type of plaintiffs, risks or damages which the defendant is liable for ”. For an event to be foreseeable, the claimant, and the kind of injury that was caused, must be foreseeable. The claimant, Daryl, must be in the area that danger is created by the defendant's, Rick, carelessness and the injury must be a type that is likely to occur in the circumstances. To be able to prove…
Having to confront a belligerent beneficiary is an awful position for an executor. Unfortunately for executors, beneficiaries have rights to an estate that executors must respect. (Refer to the article Know your Beneficiaries to review beneficiary rights.) So, an executor must try to handle a belligerent beneficiary as described in the article How to Handle a Belligerent Beneficiary. Conversely, if all efforts fail to appease the belligerent beneficiary, the executor has to take action to move…
Genesco V Visa USA Inc. et al Genesco filed a motion suggesting partial summary judgment several days after Visa U.S.A Inc. filed another motion to dismiss. Genesco’s motion was a request to the court to determine the noncompliance of Visa’s PCI violated contracts made by Visa and the acquiring banks and this surmounted to unenforceable penalties. As a response to Genesco’s motion, Visa managed to raise a total of six defenses. One of the main issues that were raised in Visa’s defense was that…
Legislation is established and administered at three levels, the Commonwealth, the State and the local Government level. Government Institutions or (Parliaments) make laws and all of these institutions, people and laws are all part of the legal system. Common Law or Case Law is referred to as Judge made law, cases are heard, a verdict is reached and then precedence is set. Statute Law is law made by Parliament, written as Acts, Regulations or Rules. Australia is multifaceted in the context…
Canada is split into ten provinces and three territories. Yet, the boundaries that we have recently learnt in class prove that new regions can be formed, especially when creativity and logic is involved. The boundaries that we have focused on, are as follows: 1. The Climate Region Boundary 2. The Landform Region Boundary 3. The Soils Region Boundary 4. The Vegetation Region Boundary 5. The Discontinuous Ecumene Boundary 6. The Continuous Ecumene Boundary 7. The International Boundary Each of…
are signing is in-fact the testators will, however they do not need to know what the will consists of. The witnesses must sign within a 30-day period of each other otherwise their signatures will be invalid. Undue influence and coercion are very common grounds for the denial of probate. Influence is considered “undue” if it results in coercion that affects the testator’s ability to act independently. Undue influence results in a will that ultimately is the product of another person’s desires.…