Case law is an area of law developed by the courts while hearing and determining disputes.[ Federal Court of Australia - Glossary of legal terms. ] Judges make the decisions when to make case law, if they see it is needed in a dispute. However there are arguments that judges should / shouldn’t be allowed to make case law. There are three stages that occur when judges make case law; the pre-trial stage, the trial stage, and the post-trial stage. In the pre-trial stage both parties exchange evidence
A woman’s individual identity is often questioned and compromised in South Asia. Family law in this region which ought to encompass areas of women’s rights also accommodates gender discrimination. The center of society is the family unit, yet woman, the main character, is often ignored in getting acknowledgement socially as well as legally. Family law here has provided ground for debate for feminists in search of laws with respect to gender. In South Asia, complex personal laws that cater to marriage
I. COMMON LAW Common Law’s case, Davies v Director of Public Prosecutions held that accomplice include: i. Persons who participate in the crime whether as principle or secondary parties, ii. Receiver of stolen goods in the case of a trial for theft offences or; iii. Persons involved in other offences held to be admissible in relation to the offence charged. As we all know, common law is in effect legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws
Introduction The united states court system operates at federal and state level. The federal courts hear and decide cases that involve constitutional law, and disputes involving states. They also handle cases involving admiralty or maritime law as well as bankruptcy cases. The court system analyzes what happened in a particular way and decide what way to resolve the issue and what punishment will be accorded to the guilty perpetrator, as per the provisions of the united states constitution. The
forces his wife to have sex with him can be charged for rape under Penal Code s 375(4) in certain circumstances stated below: • Husband and wife are living apart – • Under an interim judgment of divorce or nullity • Under a judgment or decree of judicial separation • Under
opportunity cost of mitigation. In reality, the extent and focus of government intervention will also reflect national political and institutional considerations. It is therefore in this context that evolving a sound environmental policy is a condition precedent to having a sustainable environmental management. Policy is concerned with identifying problems, setting out aims and objectives and designing strategies and action plans. Law acts as one of the vehicles to achieve the aims and objectives set by