Essays on Common Law Page 4

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…

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…

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…

Robbery – Sufficiency of the Evidence The issue before the COA in this case is whether there was sufficient evidence to convict Petitioner of robbery. Petitioner was charged and convicted of robbery, theft over $500, and second degree assault. Petitioner was sentenced to imprisonment for robbery, and, for purposes of sentencing the other two convictions…

DAUBERT’S STANDARD The Daubert standard is set by the Supreme Court of the United States of America in 1993 as legal precedent in the admissibility of expert witnesses’ testimony during legal proceedings of cases. This is a standard that is the basis for the admissibility of evidence in court trials in the US. There are…

Jimmy Maddox was sentenced to function a life of imprisonment after he was convicted in a Georgia State tribunal for charges of colza. Maddox filed for a federal Habeas principal request after being unsuccessful at a direct entreaty for his charges. His ground behind registering the federal habeas principal was for the tribunal go againsting…

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured…

Demerit points are added to your driver’s license, if you are convicted of breaking certain driving laws. The rules are different depending on if you are a new driver or have a full license. This information will explain how the demerit points system works. How demerit points work You don’t “lose” demerit points on your…

Alicante. belonging to Compania Transatlantica de Barcelona was transporting two locomotor boilers for the Manila Railroad Company. The equipment of the ship for dispatching the heavy lading was non strong plenty to manage the boilers. Compania Transatlantica contracted the services of Atlantic gulf and Pacific Co. . which had the best equipment to raise the…

The terms written in the statement above are considered to be unnecessary, or more precisely irrelevant. This essay will discuss how these words, instead, are important as contractual terms through explanations, definitions and examples. A contract is an agreement made by two different parties made through a promise granted by the law. A contract can…