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Court of Chancellory

Equity

their rules became law of the land

Rules of Common Law vs Rules of Equity Common Injunction

Equity always wins

someone brings and action, the court of chan finds it unequitable so the defandant submits a common injuction the action must be ceased

Abridgements Private Publications

Law Reports Council of Law Reporting are exceptions to general law but are enforceable

Custom

must have existed since time immemorial cannot have been created recently Nature persuasiveness

Level Date

Doctrine of Precedent

if material facts are the same the same decision should be made

Ratio Decideni provide stablity Advantages provide system of cetainty Courts

Court of Appeal

Privy Council

Supreme Court

Tribunal

Magistrates Court

Sources of Law Higher ranking court not bound

Hierarchy Why is it Important to note Hierarchy in respect to Stare Decisis

not applied to own decisions

Precedence

When there is one

Stare decisis

Argue the precedent does not stand for the principle it was cited for Argue the precedent was obiter dicta Argue the principles set by the case have been overruled by statute or higher court Techniques When there is an unfavorable binding precedent

Argue the cases are factually distinguishable

Dealing with a precedent

Argue that the public policy factor of the case if there is one has changed Argue that there is another precedent case that stands for the opposite proposition of that cited in the decided case it is unethical to ignore a precedent case for either a judge or lawyer Non-binding precedent from another jurisdiction When there is not one

Techniques

Matching legal principles of the case with previous ones Argue that the decided case has evolved into a general principle

Books of Authority

disputes handle

Discuss the classification and sources of law

My response

composition of the tribunal

Explain the two alternative methods of resolving legal disputes.

regulated

Exam Questions

My response

regulates

procedure

Explain the law relating to Misrepresentation My response

3 siting judges What is a law

president of the Tribunal composure

Why are laws made

Judge

Order

Lay persons

Which ideas underline the concept of law Compulsion Define Define

unfair dismissal

Statute

Tribunals

wrongful dismissal

Industrial Tribunal

Different Types

out of Customs most of English law is created by

redundancy

Law is a body of rules

wide jurisdiction

Common Law composed of

jurisdiction

sexual harassment

Law of England

Statutory Law

maternity rights Law is for the guidance of human conduct

racial discrimination

Definition

Law is imposed

Alternative Dispute Resolution

enforcement

Enforcement

sits Points we notice about law

Invasions

procedure

formality New node

Contact with other races

reinstatement

Material prosperity

What causes change of Law?

Content of Law

remedies reengagement

Education Define

The advent of new machines

principle

Procedure

New ideas or new religion people desire justice Define

give a binding resolution to a dispute

flexible quick relief

Justice and Law

private proceedings

Criminal Law

Arbitration Advantages

Define

specialized experts flexible and informal

Law of Contract

cheaper

Nuisance Disadvantages

Negligence Oral defamation

Slander

Categories of Tort

quicker

Law of Tort

Defamation Published defamation

enforcement of judgement

Nature of Law

Civil Law/Private law

cheaper

Criminal law and civil law

Includes

Libel

Why use them

define

Trespass

agreement between two parties with legal consequences identify legally enforceable agreements

Law of property Law of succession

on the death of either party before acceptance

BUSL255

Family Law

the time limit expires for acceptance Termination

behalf of the state

happens

Criminal Law

the offer is revoked before acceptance Distinction

citizen vs citizen

offer and acceptance

Civil Law

the offer is rejected by the offeree

Offer

choice of monarchs

the offeree communicates his rejection to the offeror Rejection

forms the offeree makes a counter offer to the offeror.

his powers and prerogatives Divisions

the constitution of legislature

Classification of Law

Revocation

powers and privileges of members of Parliament

intention

the relationship between the separate chambers

capacity of the parties

the status of ministries civil services, armed forces

consent regulates

an agreement will be enforced when these exist

Constitutional Law

the police

Includes

types of consideration

Public Law

Law of Contract

Public law and private law

central government vs local authorities

Executed Consideration

Executory Consideration Agreement Rights Act real

admission of rights of aliens

meeting

adequacy not required

consideration

speech

legal

courts of justice liberties of

rules of consideration must move

association and rights rights of citizens

determines

possible

Administrative Law

not past deals with wrongs legality of object Private Law possibility Sustantive law and procedural law void rules are to be applied to amendments when there is room for mischief found in its terms voidable

define if those details don't exist the contract will be

Mischief Rule

its desired effect is that the act/document be worded in such a way as to suppress the room for mischief

evidence of contract came out of Heydon's Case (1584) 76 ER 637

absence of

unenforceable

origins

the form required by law

Statutory Interpretation when a situation is clearly relevant to a statute the judge has to abide by the statute's details fully

Literal Rule implied terms

a statute may be reinterpreted to avoid absurdity or a startling result

types of terms

Contracts

Golden Rule

expressed terms

Context Rule

Exemption Clauses

laymen

Conditions

define

not local law

define2

Common Law

law created by custom or precedence

Warranty

means not equity

define Define

Terms of a contract

not foreign law

Krail v Henry Frustration of a contract

Cases Fisheries Ltd v Ocean Trowelers Ltd Doctrine of Frustration

The Right to Recover Money Paid Rights The Right to recover compensation for Partial Performance

Knowingly Features

no belief reckless Damages

Fradulent recision Types of Misrepresentations

Remedies repudiate prosecute

Misrepresentations

New node

Mis and Representations Innocent Negligent Define fact agent Common Features reliance damage Representations Duty of Care

Define Cases

Breach of duty of care in fact Causation

Criteria for liability

in law Damage to victim

Issue of Breach Foreseeability

Tests of foreseeability Issue of Remoteness of damage

Negligence Eggshell Cases Magnitude of Possible Injury Magnitude of Risk

Relevant legal issues Res Ipsa Loquitur Consent

Contributory Negligence

Buslaw  

law of business

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