In this essay we will discuss the process of legal research‚ writing‚ and analysis. The subject matter will be presented in a clear‚ concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research‚ Writing‚ and Analysis" 10th ed‚ BarBri Group‚ 2006. The US court system consists of a trial court‚ an appellate court‚ and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court
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common law in so far as it is in operation in the Federation or any part thereof’. That qualification concerns the extent to which English Law is applicable in Malaysia. First‚ we will discuss on the meaning of ‘sources’. Historical sources is the factor which influenced the development of law in religious and custom. Law can be found through statutes‚ law reports‚ textbooks and decision of courts. Legal sources is the legal rules that make up the law whether it is written or unwritten law.
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Topic: Explain the major components of the legal system. Question: Which of the following is a distinguishing feature of a common law legal system? Answer Rationale: Although in the U.S. legal system guilt must be proven beyond a reasonable doubt in criminal matters and there is an appeal process‚ neither of these qualities is integral to a common law legal system. The opposite of a common law legal system is a legal system where the sole source of law is a comprehensive civil code
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Eminent Domain In this case‚ the City of Monroe‚ North Carolina decided in April of 2002‚ to supply the citizens of Monroe and surrounding area with natural gas through a direct connection between its natural gas distribution system and the Transcontinental Pipeline. The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico up through the northeastern United States. The parties of this case requested the court to focus on the validity of a local government’s exercise
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The Law of Nationbuilding - Does the UN Security Council have Authority to create new States? – - by Alexander-Georg Rackow – I. Introduction A. Situation in Kosovo and Iraq “Kosovo‚ an explosive region that once was a province of Serbia‚ has been on a long road to a kind of independence with international supervision. During the negotiations‚ the United Nations Security Council faced the challenge of finding a formula to protect about 114‚000 ethnic Serbs while giving the majority ethnic
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Student: Subject: Physical Education Teacher: Mrs. Antoine Class: Entry one The physical education class consists of thirty students. There are__ boys and __ girls in the class. In the first week of our physical education class‚ as we entered fifth form in the first semester‚ the teacher told us that we had to work on a project for our (SBA) school based assessment. We were told that we have to host a sporting event and we had to come up with ways and means to fund this event as a
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special reference to the admissibility and codification of external aids to interpretation of statutes 2 November‚ 2002 D.O.No.6(3)(79)/2002-LC(LS) 8.11.2002 Dear Shri Janakrishnamurthy Ji‚ I am sending herewith the 183rd report on “A continuum on the General Clauses Act‚ 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes”. 2. The subject was taken up in pursuance to reference dated 28.1.2002 from the Legislative
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XII. Statute of Limitations Statute of limitations offers a defense against a suit brought by another party after the expiration of a specified period of time For Federal income tax purposes‚ the two categories involved relate to the statute of limitations applicable to: For a deficiency assessment by IRS Generally 3 years from the later of the due date or the filing date of the return For material (more than 25%) omissions of gross income‚ time period is 6 years No statute if no
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Case Walgreen Co. vs. Wisconsin Pharmacy Examining Board Citation: It was decided on February 19‚ 1998. Wisconsin Appellate Court The owner and operator of several pharmacies of the Walgreen Company in Wisconsin violated various regulatory statutes and administrative rules relating to pharmacies when it accepted prescription orders form physicians by a computer electronic mail system and provided used computers for some of the physicians participating in the test. Facts: The Walgreen Co
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overturning a key stipulation of the Defense of Marriage Act of 1996 (October 2013) . During the ruling‚ same-sex spouses will be considered married for every federal tax purpose‚ including estate‚ gift and income taxes (October 2013). This ruling is applicable for federal tax stipulations in which marriage is a variable‚ including placing claim to dependency and dependency exclusions‚ filing status‚ enforcing standard tax deductions‚ worker benefits‚ child tax credits‚ and placing claims to received income
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