Common Criteria

In a typical court, determinations of criminal liability require a voluntary act and intent to commit a criminal act. Legal theory refers to this as Actus Rea and Mens Rea, and liability as the state of being responsible for something. The legal requirement rests on Mens Rea to determine culpability and the actor’s mental state. A general example of this in criminal law is how liability or no liability in a murder case rests on the actor causing the death intentionally. The goal of this paper is…

Society can be complex, since it has diversities of people and personalities. This complexity may cause disorder and chaos between each other. The US law use English Common Law and Roman Civil Law as influences in cases to make order and is divided into two; criminal and civil law. Criminal Law tend to be stricter than the civil law. Criminal law is a claim made by the government (on behalf of society) against the person (natural or judicial) for a wrongful action. Therefore, the purpose of…

In Ronald Dworkin’s Law’s Empire, the myth of the grand judge Hercules is ‘encapsulated by the metaphor of an ideal judge, Hercules is immensely wise and with full knowledge of legal sources. Acting on the premise that the law is a seamless web, Hercules is required to construct the theory that best fits and justifies the law as a whole in order to decide any particular case. Hercules, Dworkin argues, would always come to the one right answer.’(Dworkin) In contrary to the Greek demigod, the…

other words, sales law, have their origin in the common law principles of contracts. Article 2 of the Uniform Commercial Code (UCC), however, which governs sales law, has made changes that meet the needs of merchants and consumers who deal with one another contractually in a modern business world. In effect, the UCC has relaxed the rules relating to sales transactions by removing many of the technical requirements relating to contracts under the common law. Under the UCC, it is now far easier to…

I definitely would apply for the open civic scholarship which I think is the best for me because it offered the greatest amount of money (4,000 pounds off the tuition) as well as practicable qualifying criteria. What language are the courses given in? Do you speak the language fluently? Is there a language test/translation exam for incoming students? If you a not fluent in the language, what can you do now to master it before applying? The University…

INTRODUCTION • Origin of the word Tort and its meaning: The word tort is derived from Latin word ‘tortum’, which means ‘to twist’. It basically refers to a conduct which is not upright or lawful. In English, the term tort is refers to a ‘wrong’. Thus, the branch of law which deals with ‘torts’, consists of wrongful act wherein the wrongdoer violates some of the legal rights vested in another person. We ought to remember that the law imposes a duty to respect the legal right vested in the…

It has been established that pyramid schemes are illegal and one must not engage in the operation of such. To furthermore differentiate pyramid schemes from multi-level marketing or is now known as network marketing organizations Koehn (2001) states that Multi-level marketing refers to the dispersal, dissemination, and suppling of goods or services through varying levels of individual agents or contractors. These distributors are being paid commission, bonuses, or other forms of consideration in…

Considerations in the early days are known to be difficult to be defined with simple words. However, in Bunn v Guy it is defined as “ loss or inconvenience suffered by one party at the request of the other ”. Furthermore, in Thomas v Thomas it is stated to be defined as “some detriment to the plaintiff or some benefit to the defendant”. It is also stated in a well known definition in Currie v Misa which is also the one that has drawn criticism that consideration is “some right, interest,…

supplier was not aware of the restrictions and assumed that the agent had authority to order supplies, as it is a common job for a pub manager. Hence, the principal was liable. This case is reflected in the event of Maya and Kallessi. The new supplier whom Maya ordered the supplies from was not aware of the agreement set between the agent and principal, and assumed that ordering supplies is a common activity for the hotel manager. Since Kallessi did not inform the supplier that Maya was not…

Weber specifies formal and substantive rationality in terms of law making (legislation) and law finding (adjudication) as the two central aspects of law. Weber categorizes law making and law finding processes based on their rationality and formality. This leads to a classification of law as rational or irrational according to either their formal or substantive aspects. As a result, a fourfold ideal-typical types of law emerges; formally rational, formally irrational, substantively rational and…