Common law rules

deciding officer, and then the appellant appealed to the Chief Appeals Officer, the decision of the Chief Appeals Officer was appealed in the High Court, but was later dismissed by the Supreme Court. The case was in relation to an area of employment law, which concerns itself with the contract of an employee. The question in hand was whether the demonstrator, Sandra Mahon was employed under a contract of service or rather a contract for service, therefore identifying whether she was an…

distinction between the exception and the norm. In chapter two, Schmitt explores the meaning of sovereignty and its relation to law and state. He utilizes various liberal theories by disproving them in order to distinguish them from his concluding theory of Hobbes who he finds a model of his decisionist school (meaning those that decide by authority) in correlation to state and law. A few of the theorists he introduces are Kelson, Hugo Krabbe, (who Schmitt argues…

a major shift in the application of APA on agency actions and will have a profound effect on future agency actions. Even though the majority of judges (5-4) ruled in favour of the FCC, their decision was completely inconsistent with previous case laws and moreover, in the words of Justice Breyer, hints at court decisions being frequently compromised by politics. The author thinks that Justice Breyer’s dissenting opinion in the case is not only more persuasive but also questions the lack of…

Canadian criminal justice system is a system that is higly dependent on procedural justice. Procedural justice is the notion that fair procedures guaranteed to result in fair outcomes. Many principals such as fairness, efficiency, clarity, restraint, accountabilty, participation and protection are reasons why the canadian justice system is fair. Procedural Justice is a type of system that justice places a heavy concern on making and implementing decisions according to fair processes.…

PLAINTIFF’S COMPLAINT AGAINST DANIELS Roosevelt Cannady alleges that on or about April 2, 2015, he was struck by construction scaffolding as he entered a store owned by Saving Incorporated d/b/a Dodge’s Store (Dodge’s Store) and/or Savings Oil Company. He claims that Defendant James Daniels d/b/a ABC Contracting Services (Daniels) was performing construction on the store’s roof at the time, and Daniels’s negligence during construction was the direct and proximate cause of his injuries. On…

Americans with Disability Act (ADA) is a 1990 act and seek to protect applicants who are fully qualified but have various disabilities. It puts a requirement on the employers to reasonably accommodate these employees in the place of work. This act protects the same group of people protected under the Title VII act. The following definitions are important in the understanding of this act; disability means a physical or mental condition that limits a person engagement in major life activity…

Privacy Act 1988 is an Australian law that used to regulate on handling the personal information (Australian Government, 2015). Australian Privacy Principles (APPs) consists of principles are the basis of protection framework in Privacy Act 1988 and placed under schedule 1 with a total thirteen principles that organizations and government agencies should comply (OAIC, 2014). It is not necessary to follow each of the principles stated in APPs, but organizations are required to consider the…

before the law or the equal protection of law within the territory of India. Article 14 uses two expressions “ equality before the law” and “ equal protection of law”. Equality before law is taken from England and equal protection of law is taken from American Constitution . both these terms appear same but they have different meaning. Equality before law provides that everybody is equal before law irrespective of position and economic resources, on the other hand equal protection of law…

Under Rule 8.1, Chandler, was wrong by not disclosing his DUI to the bar. An individual for entering to the bar, or an attorney in connection with the admission to the bar application, shall not knowingly make an untrue statement of material fact, or fails to tell a fact necessary to correct a misapprehension known by the applicant to have arisen in the matter. He knowingly failed to respond to a lawful demand for information of admission or to the disciplinary authority. This rule does not…

F.2d 127, 131 (5th Cir. 1993). In IDEA cases that reach the Fifth Circuit, questions of law and mixed questions of law and fact pertaining to the district court’s decision are reviewed de novo. R.P. v. Alamo Heights Indep. Sch. Dist., 703 F.3d 801, 808 (5th Cir. 2012). The appeal at bar is a question of law and a mixed question of law and fact and thus, this Court’s reviews de novo as a mixed question of law and fact the district court's decisions regarding whether K.W. was a…