... an unjust result or decision, where one of the parties would not be given his legal due, and consequently would suffer moral harm. (Bayles) This makes it impossible to disagree with the notion that civil procedures must lead to correct ...

... 1979 states: If political leaders and police chiefs had their way, all of us would believe that a powerful reason (possibly the principle, if not the only, reason) that we should obey a law is that it is a law. ...

... Parliament, (e.g. the European Communities Act 1972, (ECA)), will also be explored as they are the main source by which development over the years have been enabled by the ECJ, (one of the most proactive institutes of the Community, safeguarding the Articles contained therein), ...

... the case would also be relevant when determining which court the case should be heard. County courts were created by the County Courts Act 1846, to operate as the chief of the lower courts for the trial of civil disputes, ...

... better arbiters of fact than a jury. On the other hand disadvantages of this method of trial would be that the judge could be case hardened and prosecution-minded and it places a heavy burden on the judge as he has ...

... as Justices of Peace and must be of 'good character' with personal integrity, sound common sense and, of course, the ability to weigh evidence and reach reasoned decisions on the basis of that evidence. The human element have allowed them ...

... formalistic vision of legal reasoning, with judges simply grinding out deductive conclusions from closed sets of premises. And, as against the claim of modern natural lawyers, he defended the positivist insistence on the lack of any necessary, conceptual connection between ...

... which judges or other actors should draw from this identification where the standard is morally dubious or clearly iniquitous. The key point about the Hart-Fuller debate is that - unusually in Hart's jurisprudence - these questions are drawn together, in ...

... prevent a particular group in society becoming offended. The matter of reconciliation is a perfect example where the Liberal party have chosen to avoid making a treaty - or a binding contract, with the Aboriginal people of Australia. The issue ...

... a fundamental principle of company law that; "When the memorandum is duly signed and registered... The company is at law a different person altogether from the subscribers..."2 Thus, a company which has complied with the provisions contained within s13 of ...

... words: "[...] a body of rules enforced by the power of the state." (Budge, 2004:488) What is then, a legal system? A legal system consists of many different laws, rules, statutes, codes and administrational bodies that together form a system. ...

... although Parliament is the main legislative organ, the courts and the executive both have legislative responsibilities; as well as government ministers having legislative, executive and judicial functions. One of the most rudimentary aspects of Constitutional law, that any student of law ...

... there are some immoral acts, which are not crimes and vice versa. I will discuss this aspect as I proceed with the remainder of my essay. A brief look at the origin of the law or the application of the law ...

... would adopt such a settlement mechanism unless it could be recognised and enforced in its own country. Almost every international commercial controversy poses a critical preliminary question : "Where, and by whom, will this dispute be decided?". Imagine you are a ...

... expression "legal ethics" is nothing more than a oxymoron.5 One may wonder why it is that conceptions of the legal profession which traditionally enjoyed widespread respect amongst the community and images of the lawyer as professionals of practical wisdom and ...

... preparing wills or leases. They also have limited rights of audience in court, mainly making applications in the County court where cases are not defended. They are the first port of call for the members of the public requiring legal ...

... same alternatives are the reason why arbitration within the construction industry is likely to decline. 2) The Decline Of Arbitration Within the construction industry the Arbitration Act 1996 is governed by the 1998 CIMAR Rules (The Construction Industry Model Arbitration Rules). These ...

... law have two different terminologies and sentencing. In criminal law the case is brought to the court written as "R v Nunn", the "R" stands for either Rex or Regina (King or Queen), this represents the State. The last part ...

... at the Lord Chancellor's history, the extent to the changes that occurred through the amalgamation of new powers, otherwise known as his 'hybrid role', can be distinguished. Originally, the Lord Chancellor was an officer responsible for keeping the Great Seal ...

... the air and water, the disposal and transportation of waste, and the control of nuclear industry. It represents a new classification, which absorbs many areas previously considered to fall under different headings, public health, for instance, or, planning law, or ...

... person who approaches it is not 'aggrieved'. In certain cases, environmental European directives andinternational policies can also be relied upon. The English courts traditionally adjudicate individual disputes on environmental harm under the law of tort. The different kinds of torts ...

... approach to judicial interpretation has been necessitated by Parliamentary draftsman's use of very detailed and precise language to demonstrate the intention of Parliament. Where litigation is brought before the British courts its is more often then not because clarification ...

... by a district judge (magistrates' court) who will usually sit alone. Lay magistrates are also known as Justices of the Peace (J.P.'s), they are not legally qualified and are unpaid and have a qualified clerk to help advise them on ...

... has a residence order in his favour to take the resident child out of the UK for periods amounting to less than one month without consent or leave of the Court. This is unlimited provided each individual trip does not ...

... Lloyd's Bank v. Rosset2 removed all doubt and conflict produced by earlier authorities as to when and how one could acquire a beneficial interest in the matrimonial home.3 However, the case is leveled with criticism. Lord Bridge distinguishes between two ...