Civil Law

Legal Definition of MarriageDiscuss whether the marriage is void or voidable and, if so, on what grounds. According to Lord Penzance of Hyde v Hyde (1866) LR 1 PD 130, marriage can be demarcated as "a voluntary bond between men and women to eliminate everyone else throughout their lives." It discusses the legitimacy of Mormon's marriage. It is real in today’s time in the sense that the marriage has reached an agreement, is heterose...

Overview of the Ontario Provincial Offences ActThe Provincial Offences Act was introduced in 1979. It oversees a large portion of the procedure for prosecuting and enforcing federal and provincial administrative violations and local by-laws. The Law Commission of Canada projected in 1974 that there were 20,000 administrative crimes in each jurisdiction, plus another 20,000 federal crimes, and these figures did not involve municipal b...

Types of Evidence under Evidence Act 1995 (NSW)During any criminal incident, evidence plays an important part. Legally, evidence covers the burden of proof, admissibility, relevance, weight, and sufficiency to admit something in the records for legal proceedings. Evidence is observed to be a very significant part of every city as well as criminal proceedings which includes the blood, hair samples, video recordings, or the testimony of witnesse...

Understanding MediationWhen a dispute is raised, there are different measures that can be resorted to resolve such a dispute. This predominantly covers litigation and Alternative Dispute Resolution (ADR) mechanisms like mediation, arbitration, and conciliation. In particular, mediation has become quite an effective mechanism for ADR. There has been a noted boom in the use of mediation across the globe, particularly in nations like Australia, C...

Free ConsentConsent refers to giving the permission or assenting for something to happen. Under the medical law, valid consent remains a vital element to any treatment, as it not only protects the patients but also protects the ones who provide such a treatment. For the second category, the valid consent acts as a defense in such cases where a claim is made under the criminal charges of batter or assault or against the civil claims of trespass...

The Relevance of Class Actions in Avoiding ClaimsIn the traditional lawsuits, the action is commenced by the plaintiff, whereby the defendant is personally served with a complaint. The parties to such a lawsuit appear before the court of law, which has the requisite jurisdictional power of adjudicating on the matters raised (Picker and Seidman, 2015). On the basis of this physical appearance, the parties are given the opportunity of presenti...

Background informationBrowne v. Dunn has been regarded as a well-known British Case law, the verdict of which was based on the rules of cross-examination. The grounds of precedence are the root cause for Christianization of the case as “Browne v Dunn Rule”. The ruling provided in this case was usually observed to require that the cross examiner could not depend on proof that was paradoxical to the authentication of the witness...

Part A1. The young members of the tribe have shown dissatisfaction in relation to the provisions made in the following provisions. The tribe and its members had agreed to follow the below rules: The actions of the tribe should be done in accordance to the tribes welfare The appointment of the group of people in the tribe should be done via an election system, this group had the duty to enforce the decisions of the eldest tribe members The...

Forms of women abuse in India and USAWomen abuse is considered as a major issue in international terms as it is one of those issues that is faced by women worldwide. An abuse can take many forms such as emotional abuse, physical abuse, sexual abuse, financial abuse etc. In the current environment, women are fighting to work shoulder to shoulder with men that are stressing them. This is ultimately resulting in women abuse in society. The below-...

History of Disability Exclusions in North AmericaIn this article, an attempt has been made by the author to compare the provisions that are present under the immigration and refugee law of the United States and Canada, which allow the immigration to prevent persons from disabilities from immigrating to these countries on account of their disabilities. In this article, the history of these provisions has been traced in both of these countries, ...

Referring to the offence under section 159(2) of the Highway Traffic Act1. It has been stated under Section 159(2) of the Highway Traffic Act that the vehicle has to be slow down when there is an emergency vehicle has been passing through and the lights of a vehicle has been activated. If there has been more than one lane on the highway the driver is required to move over and leave one lane between the emergency vehicle and the parked vehicle....

Facts of the CaseThe case is titled as R v R and the same is very significant in the area of sexual offenses and crimes after marriage. The issue involved in the case can be checked by looking up to the facts of the case. In the subjective case, the appellant got married to his wife on the 11th of August 1984. His wife gave birth to a baby in the year 1985. In November 1987, both the parties to the case i.e. the appellant and his wif...

IssueThe issue raised as per the facts of this case is whether the loss suffered by Cliff and Mary can be recovered by filing a suit of negligence against Susan? Whether Susan can rely on a defence of negligence? A suit for negligence can be filed against a party in case such party failed to behave with a level of care which a person with ordinary prudence would in the particular situation. The suit for negligence enables a party to recover...

The Three Parts of Singapore's GovernanceThe main issue in this case is to explain various courts under Supreme Court and State Court at Singapore. The governance of Singapore could be divided into three parts such as executive, legislative and judiciary. The establishment of courts are the subject matter falls under judiciary. The apex court of Singapore is Supreme Court and according to Article 93 of the Constitution, all the supreme powe...

Distribution of Power: Parliament, Executive, JudiciarySeparation of powers is a constitutional law doctrine under which, there is separation maintained in all the three branches of government i.e. Legislative, Executive and Judicial branches. This doctrine is also known as the method of maintaining equilibrium because every particular branch is provided with certain powers in order to maintain equilibrium among all other branches of governmen...

Background of Senate electoral systemThe electoral system that has been followed in the House of Representatives has remained same since the year1918 and there has not been much change to that system. Fresh row and debate started over the electoral reform in the year 2013. The contention that arose was regards to the voting tickets that were allowed to the ‘micro-parties’. The ticket has given the power to the micro parties a dir...

The Reforms that were introduced Victoria is one of the places in Australia which is well known for having a strong and healthy democracy that consists of an open justice system. There are courts and tribunals that have been put in place to settle disputes which may occur between community members thereby maintaining law and order. The judges and magistrates are also praised for being independent and acting without fear or favor towards a given ...

Types of CitizenshipCitizenship is the status of an individual and it helps to recognize the existence of the individual. Citizenship is one of the fundamental rights of an individual. According to this concept, there are certain kinds of citizenship present in the globe such as citizen by birth, citizenship based on birthplace, citizenship by marriage, naturalization and excluded categories. The idea has, for the first time, introduced in G...

Freight Forwarders as AgentsDiscuss About The Maritime Law Freighters Forwarders Fluctuate. The services rendered by a freight forwarder may fluctuate depending on the company or the transaction but the primary responsibility of a freight forwarder is to make arrangements for transiting the commodities from one place to another either by road, sea or air. The freight forwarder or a forwarding agent is considered as a fundament...

The Concept of Separation of Powers in Australia Discuss about the Federal and State Constitutional Law. The real political and constitutional power in Australia is vested not in the Prime Minister, Cabinet or Parliament, but in unelected officials, such as judges and the Governor-General. Australia has a written constitution that has derived the concept of separation of powers from the UK, which delegates responsibilities between the legislat...

What is Fiduciary Duty? Discuss about the Purpose Of A Fiduciary Relationship. When there is a situation of ethical or legal relationship, the probability of fiduciary duty arises that is based on the trust. Fiduciary duty exists when a management of money arises between two or more parties. Such kind of a relationship is created based on trust and confidence. The term fiduciary refers to a situation when one party acts on behalf of the other[1...

The CaseDiscuss about the Contemporary Nature Of The Relationship Between Common Law And  Equity. The issue in this case was related with the determination as to which entity was required to bear the cost of a fraud. The brief facts of this case are that the finance company has rented out purchased equipment to its clients.[1] One of the clients was a fraudster and he entered into the rental agreement with the finance company regar...

Understanding the Term FlexibilityDiscuss about the Third Country Mandatory Rule In The Law Applicable. Generally, an argument is made that the legal rules and the application of these rules need to be flexible enough so that it may allow for giving just decisions by the courts in particular cases. Sometimes, flexibility is yet considered as a unique characteristic of the common law. Considering these assertions to be the starting point f...

Frank August's Last Will and Testament Discuss about The Law Of Succession In New South Wales. This is the last will and testament of Frank August, presently residing at 6/54 king Street, Fishery harbor in the state of New South Wales. He declares that he knows and can read this testament. [1]It states its purpose of granting an open will, for which it has, in my opinion, legal capacity, and to this end it expresses its last will in the follow...

The Requirements of Section 44(i) in the Australian Constitution Write a blog piece on the requirements in the Australian constitution that restrict members of parliament from holding foreign citizenship. According to the section 44(i) of the constitution of Australia there are some list of requirements for every person who are to be voted as member of the parliament. According to section 44(i) of the constitution of Australia it is important f...