Common law vs statute
[DOC File]Void and Illegal Contracts
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Illegal at Common Law on the Grounds of Public Policy At common law contracts may be illegal on the grounds of being contrary to public policy. A number of head of policy have been recognized and, although the list is regarded as finite, Australian courts have adopted a flexible approach to the heads: Fitzgerald v FJ Leonhardt Pty Ltd.
[DOC File]ANGLO-SAXON CONSTITUTIONAL HISTORY (Cont'd)
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Law making and law reform. The notion of the immutable common law—Maine’s theory of fiction, equity and legislation. Case law and precedent. Fictions. Equity and legal change—uses, married women’s property, some commercial advances that antedated statute, matrimonial home
[DOC File]I
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Common law vs. modern trend. Common law ( independent provisions. One party’s breach did not excuse other party from performing. Only recourse is to go to court and sue ( breach doesn’t automatically give right to re-entry (legal possession) Would have had to put explicit clause giving right of re-entry if there is a breach
[DOC File]Articles On Law | “Truth never damages a cause that is ...
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Under common law "It is a sound rule to construe a statute in conformity with the common law rather than against it, except where and so far the statute is plainly intended to alter the course of the common law. Let me conclude this article with observation of the Hon'ble Full Bench of Andhra Pradesh High Court, in Additional, Commissioner ...
[DOC File]Home | UW School of Law
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Reception statute of Virginia, 1776: "And be it further ordained, That the common law of England, all statutes or acts of Parliament made in aid of the common law prior to the fourth year of the reign of King James the first, and which are of a general nature, not local to that kingdom, together with the several acts of the General Assembly of ...
[DOC File]Enacted Law versus Common Law
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Enacted Law versus Common Law. Enacted law is more encompassing and can address problems in one fell swoop. Legislatures have ex ante approach; can think about proper incentive creation, an eye to the public good. Common law is ad-hoc, decided on case-by-case basis and accumulation of precedent
[DOC File]Superior Court, State of California
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Nov 12, 2020 · District contends Plaintiff relies on Civil Code section 1714.1 and Government Code section 815.2 to support her common law claims. District argues it is not liable under Civil Code section 1714.1 because that statute only imposes liability on the parents or guardians of minors who commit torts and it is neither a parent nor guardian of Adam Roe.
[DOC File]Introduction to Legal System
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8. common law vs statute law ( 案例法 v 議會立法 ) 9. common law vs equity ( 普通法 v 衡平法 ) 10. Delegated legislations under a statute ( 授權立法 ) eg. Rules規則, orders by-laws * The three Institutions of Law and Separation of powers. 三權分立 - Legislature - Executive - Judiciary * …
[DOC File]Chapter 5. Evaluating Evidence and Making a Decision (U.S ...
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Explaining Denials Provide a more in-depth recitation of the facts and a citation or paraphrase of pertinent law and regulations to explain the basis for a denial. Carefully craft the explanation to provide basic information as succinctly as possible. ... then the discussion of the common fact pattern may be confined to the Reasons for Decision ...
[DOC File]CONSTITUTIONAL CASE LAW
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U.S. v. Throckmorton, 98 US 61 WHEREAS, officials and even judges have no immunity (See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in good faith in ...
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