Essays on Common Law Page 3
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Jus Accrescendi` is looked upon as odious in equity
Common Law
Property
Real Estate
Introduction Jus Accrescendi is the right of survivorship in joint tenancy. “Jus Accrescendi inter mercatores locum non habet, pro beneficio commercii’ means that there can be no right of survivorship in business tenancies. Jus Accrescendi praefertur oneribus means that the right of survivorship is preferred to incumbrances. Jus Accrescendi praefertur ultimate voluntati means that the…
Solesbee v Balcom, 339 US (1950)
Common Law
Government
Justice
Citation The case of Solesbee v Balcom, 339 US (1950) was an appeal to the US Supreme Court from the Supreme Court of the State of Georgia and was argued before the justices of the US Supreme Court on November 15, 1949. The decision of the US Supreme Court was rendered on February 20,…
Comlaw Aropa Assignment
Common Law
Contract
Contract Law
Justice
Offer is an expression of willingness to enter into a legally binding contract on the terms proposed once the offer is accepted. This letter is an offer since the terms proposed are complete and it is communication to the offered. The letter was definitely sent to Andrew by mistake since the company makes this offer…
Civil Procedure Case Digest Sample
Common Law
Court
Justice
From the grounds received by the Branch Clerk of Court from the suppliant the undermentioned facts emerged: On 9 May 1985. suppliant. a punctually commissioned private school located at Barangay Palao Iligan City entered into a contract of services with private respondent Christina Trino. Under that contract. Christina Trino would learn at the petitioner School…
The Promenade’s Duty of Care
Common Law
Justice
Principles
The Promenade’s management is the property owner. It is clear that property owners owed customers a duty of care as it was decided in Australian Safely Stores Pity Ltd V Glazing. Therefore, the Promenade’s management owed Elsie a duty of care. If the Promenade’s management failed to exercise the proper standard of care, as in…
Disenfranchised Felons and the Right to Vote
Common Law
Criminology
Social Issues
Most states take away prisoner’s right to vote, as the right to vote is a state rather than a federal matter. The two states that still allow for it are Maine and Vermont. Thirteen states take away the right to vote for life, though most reinstate the right once the sentence has been served….
Presumptions, Standards Of Proof And Burden Of Pro
Common Law
Evidence
Government
ofThe outcome of a trial, whether it be civil or criminal, can have a tremendous impact on the lives of the parties involved. It is the wish of any reasonable person that the perpetrator of an evil faces the penalties of his or her actions while the innocent be awarded a favorable outcome, whatever that…
Public Interest Litigation
Common Law
Government
Justice
PIL in broad terms means litigation filed in a court of law for the protection of “Public Interest” on the wide variety of subjects concerning citizens. The history: Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of that nebulous entity: the public in general. Prior to 1980s,…
Don’t Talk to Cops
Common Law
Criminal Law
Police
By Guy McBernson”GOOD MORNING! My name is investigator Holmes. Do you mind answering afew simple questions?” If you open your door one day and are greeted with thosewords, STOP AND THINK! Whether it is the local police or the FBI at your door,you have certain legal rights of which you ought to be aware before…
Matter of Mogharrabi
Common Law
Government
Justice
Mogharrabi and his wife were permitted into the United States from Iran as nonimmigrant students. They stayed in the United longer than the initial time allowed and arrangements were made for them to be deported. Mogharrabi filed for asylum to void the deportation for fear of his persecution because of his political opinion if he…