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The premise of the literal rule put forwards the simple approach that the will and intention of Parliament are best discovered by following the literal and natural meaning of the word in the statute[1]. In other words, the law must be read in its entirety and given its’ usual dictionary meaning. Thus, it is not a requisite for judges to look elsewhere for aid in interpreting the statute.[2] This argument was supported in the Sussex Peerage case,[3] where Tindal Chief Justice stated “If the words…

beyond a reasonable doubt that the Defendant had assaulted the Complainant and that the assault was unlawful. The Code sets out that common assault occurs when one person assaults another and the assault was unlawful. Moreover, the Code defines assault, therein notably setting out two separate types of assault. The first was previously Battery under English common law and may adequately be described as striking, touching, moving of, or application of force of any kind to the person of another;…

The US Supreme Court’s Decision in Spokeo, Inc. v. Robins: How Will It Change Class Action Litigation? RGR – 6/2 research: http://reaction.mayerbrown.com/rs/vm.ashx?ct=24F76F19D3E347A9CCDD89AED0259410DFF555B2DF8E0BD15EE5636069FFCB1CDB7A3A9C4 http://www.scotusblog.com/case-files/cases/spokeo-inc-v-robins/ http://www.law360.com/articles/762088/spokeo-without-scalia-the-fate-of-no-injury-class-actions Meta Description: The recent Supreme Court decision in Spokeo vs. Robins will have a lasting…

The only acts alleged by Dr. Stout are purported breaches of contract. Further, Dr. Stout has failed to allege any “substantial aggravating circumstances,” which is necessary to transform a breach of contract claim into an UDTPA claim. Therefore, it is appropriate for the Court to dismiss Dr. Stout’s sixth counterclaim against the Practice. vi. Negligent Misrepresentation Claim Dr. Stout’s final claim against the Practice, which is plead in the alternative, seeks recovery of damages,…

My favorite non human primate is the chimpanzee. This is my favorite primate because it is the most similar to human beings, sharing up to ninety-eight point eight percent of our genetic make up. Chimpanzees tend to live in African rain forests, woodlands, and grasslands. Even though they usually walk on all fours, they can stand upright and walk and their two back legs just as human beings do. Chimpanzees and humans fall into the same kingdom (Animalia), phylum (Chordata), class (Mammalia),…

Mr. Johnson, You asked me to brief the People v. SM case in preparation for your meeting with our client. In SM, the defendant, who has a reputation for being a peaceful and law-abiding citizen shot four boys who were older and more athletic than him all of whom, were in the wrestling and football team. The defendant was outnumbered four to one. At no time did the defendant stand his ground or advance to the other boys. Rather, he tried to run away and called for onlookers to get help. The…

In Twelve Angry Men, by Reginald Rose, there is a group of jurors in a jury room that are deliberating a First-Degree Murder case. This trial takes place in New York and some of the jurors have biases that affect the case immensely. Throughout the book, the different jurors say different things that help the case move onwards towards a verdict. All of the jurors have different reactions to the case. It is evident that the author leaves many things about the case details and the verdict out for…

A tort is a wrongful action that injures or hinders an individual or their property. A tort case is a municipal court proceeding. A tort can be intentional or unintentional (negligence), or it can be a tort of firm liability. If somebody commits a tort, the individual hurt can litigate and get a judgment for damages. A crime is a wrongful proceed that the state or government has recognized as a crime. A lawless individual case is a lawless individual proceeding. The person (the defendant)…

In its shift from the general maxim of - ei incumbit probatio qui dicit, non qui negat (the burden of proof rests on the person who affirms, not the one who denies), it furthers the principle of equity, which is a widely acknowledged aspect of the common law system. This maxim make a departure from the general rule, and shifts the burden of proof…

Disability Equity Programmes Fail So, why do workplace programmes aimed at including and mainstreaming of persons with disabilities fail, even when they were founded with the best intentions? Based on my in-the-field experience, I have highlighted six common ‘mistakes’, pitfalls and barriers that directly contribute…