Essays on Common Law Page 3
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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…
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…
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,…
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…
Jurisprudence: An Example of an Administrative Case
Common Law
Government
Justice
This is an administrative case filed by the complainant claiming that the respondent committed an act of impropriety as a lawyer and as public officer when he stood as counsel for the defendants despite the fact that he presided over the conciliation proceedings between the litigants as punong barangay. Facts: Complainant Wilfredo M. Catu is…
Insanity As A Defense
Common Law
Criminal Justice
Insanity Defense
Jury
psychiatry
The insanity defense is a defense that is used in the courts to say the defendant was not aware of what they were doing at the time of the crime. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of…
Applying Thomas to the Cornes Case
Common Law
Discrimination
Justice
Principles under Thomas v. H.W. Thomas Ltd. In the case of Thomas v. H.W. Thomas Ltd, 1 NZLR 686 (1984), the court liberalised the application of Section 209 of the Companies Amendment Act 1980 (now section 174 of the Companies Act 1993[1]) by allowing resort to the oppression remedy without a need to prove…