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(Sources of law of the US) the law itself comes from several sources Supreme similarly force approved legislature power interest lacking left major despite covered judges handling precedents (Meaning of codification) the meaning of the word code Code fashion therefore subordinate confusingly complied terms however ,based on, nor consolidate enact cases ,referred to, or In the second half of the 1980s Half time took fashion gave somewhat by with post contrast 5 (Delegated legislation) it is apparent that Parliament detailed legislation aims framework power pursuit delegated body statistical significant output form apposed (Judicial independence) judicial independence may be defined Fundamental provisions constitution secure exported underpinned debate subject houses immune render English legislative framework (The constitution as supreme law) the US constitution Passed conflict, handed down, constitutional supremacy, vested amending exercised appointed conform, in accordance with, stand intervals subject authority removed 9 10 Have withdraw the sanctions What they want by coercion Congress enacts, police enforce Illness was induced It shall be implemented You will be evicted Mike was in litigation The legitimate rights Robbery are penal offenses Encyclopedia embodies How can you justify Principal to adjudicate the dispute Responsible for the enactment The statutes of the US Pine trees predominated The judge inflicted Rejected the doctrine Reach a consensus Sets a precedent Candidate consolidated his reputation Within your discretion Legs are integral All drivers are subjected to Was found to appropriate Sales will be contingent Factory are not conductive to , he was convicted of smuggling Still considerable divergence The post office will not be liable for Ancient Rome subjected Tom was sued for trespass I am afraid I can not subscribe to Her lawyer represented her Without further amendments Put forward a proposal The petition will be presented to A consolidating Act is Members of Parliament should Between legislation and Voted to amend the constitution The new government commenced Initiated legal proceedings against The constitution has been amended The doctrine of judicial review Other countries are subject to The nation rest too much power in the president May grant pardons The potential abuse of Since legislation requires approval of A litigant may appeal to the US That the way to safeguard against tyranny Are similarly subject to impeachment by 9 TEST 3 6 Lord Advocate v Dumbarton District Council, 1. The case is about whether the Crown is bound by certain Scottish statues. 2. The Crown is not bound by any statutory provision unless there can somehow be gathered from the terms of the relevant Act an intention to that effect. The Crown can be bound only by express words or necessary implication. 3. Yes. It is not conceivable that Parliament could have a different intention as regards the application of the Act to the Crown in the various parts of the Kingdom. 4.It is most desirable that Acts of Parliament should always state whether or not the Crown is intended to be bound by any, and if so which, of their provisions. Magor and St Rural District Council v Newport Corporation 1. The case is about two distinctive attitudes toward statue interpretation. ⒉The Literal Rule and the Mischief Rule 3. The ruling of the Court of Appeal is as follows: The new Rural District Council could only make a claim as successor to the two former councils, i.e. if they could prove that in consequence of the alteration of the boundaries an increase of burden would be placed on the ratepayers of those councils but, as they were dissolved by the Order immediately after the alteration of the boundaries, no cost would have to be met by these councils after the alteration, therefore there could be no increase in burden for the ratepayers and the Council could recover nothing. The decision of the Court of Appeal was affirmed 4. If a gap of an Act is disclosed, the remedy lies in an amending Act. 7 Case No: 99/4460 and99/4461/X3 1. They appealed against conviction of dealing in controlled drug. 2. It was said that the officers had been acting as Agents provocateurs, and had procured the appellants to commit the offences. 3. At trial it was submitted that the proceedings should be stayed as an abuse of process. But that submission was rejected. 4. What was the reason for their appeal? 5. The appellants contended that the trial judge was wrong to rule as he did and the officers’ act was in breach of police guidelines. 6. The judge held that the undercover officers did no more than give the two appellants an opportunity to break the law, of which each of them freely took advantage. In those circumstances the appellants’ appeals against conviction must be dismissed. ZENZIPE GRAINS AND FEED STUFFS v BULK TRADING 1 The central issue is whether under the FOT contract, the right and duty to nominate the place for delivery lay in the sellers or buyers. 2 The issue was related to the contract as the contract should have specified the place of delivery. 3 The Board held that the sellers were obliged to inform the buyers of the place of delivery, the sellers failed to give appropriate or any information as to the place of delivery and the sellers failed to make the goods available to the buyers. 4 The judge held that the Board’s conclusion was wrong. 5 The judge’s analogy with FOB contracts was unsound because it failed to take into account the difference in the nature of, as well as the practicalities underlying, an FOB contract. 6 The judges of appeal all agree that the appeal should be allowed, the Judge’s Order be set aside and the award of the G. A. F. T. A Board of Appeal be restored. 8 Nixon vs Administrator of General Services 1. The case is about the disputed aspects between an agreement, which was signed by the resigned President of the United States, Nixon, and the Administrator of General Services, and the Presidential Recordings and materials Preservation Act (Act). The main disputed part is the taking of the Presidential materials into custody and their screening by Government archivists. 2. The resigned President of the United States, Nixon, is the appellant, and the Administrator of General Services is the respondent. 3. The resigned President of the United States, Nixon, had executed a depository agreement with the Administrator of General Services that provided for the storage of Presidential materials accumulated during appellant‘s terms of office. Shortly after the public announcement of this agreement, a bill was introduced in Congress designed to abrogate it, and, about three months later, this bill was enacted as the Presidential Recordings and Materials Preservation Act (Act), and was signed into law by President Ford. The Act directs the Administrator of GSA to take custody of appellant‘s Presidential materials and have them screened by Government archivists The Administrator is also directed to promulgate regulations to govern eventual public access to some of the materials. The day after the Act was signed into law, appellant (the resigned President) filed an action in District Court challenging the Act‘s constitutionality. 4. This is an open question that can be developed into a discussion of the fairness of the court verdict. 本文来源:https://www.dywdw.cn/33a5a1a36629647d27284b73f242336c1eb93086.html