EFB - Lesson 7

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    Englisch fr

    BuchhalterLesson 7

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    General LawCourt Hierarchy UK

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    General LawCourt Hierarchy UK

    The doctrine of precedent is a UK legalrule that states every court must be bound

    by the decision of the court above it -superior courts have the power to overruledecisions of lower courts and in certain

    cases to overrule their own decisions.

    So what does this mean? If the plaintiff(claimant or complainant) is not satisfied

    with the decision made, what can they

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    General LawCourt Hierarchy USA

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    General LawCourt Hierarchy Germany

    What is the German system?

    How would you explain this to an American

    client?

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    General LawCivil Law vs. Common Law

    Civil Law is based on the Roman lawframework and consists of statutes, legislation

    and constitutions to be interpreted andimplemented by the courts.

    Common Law includes civil law information butalso case law to be used by the courts.

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    General LawCourt Hierarchy Alternative version

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    General LawUSA Constitution Amendments

    1st - Protects the freedom of speech, freedom of religion,and freedom of the press, as well as the right to assembleand petition the government

    2nd - Protects an individual's right to bear arms

    13th-Abolishesslavery and involuntary servitude, exceptas punishment for a crime

    http://en.wikipedia.org/wiki/Slavery_in_the_United_Stateshttp://en.wikipedia.org/wiki/Involuntary_servitudehttp://en.wikipedia.org/wiki/Freedom_of_speechhttp://en.wikipedia.org/wiki/Freedom_of_speechhttp://en.wikipedia.org/wiki/Freedom_of_speechhttp://en.wikipedia.org/wiki/Freedom_of_speechhttp://en.wikipedia.org/wiki/Freedom_of_religionhttp://en.wikipedia.org/wiki/Involuntary_servitudehttp://en.wikipedia.org/wiki/Slavery_in_the_United_Stateshttp://en.wikipedia.org/wiki/Right_to_keep_and_bear_armshttp://en.wikipedia.org/wiki/Right_to_petition_in_the_United_Stateshttp://en.wikipedia.org/wiki/Freedom_of_assemblyhttp://en.wikipedia.org/wiki/Freedom_of_the_presshttp://en.wikipedia.org/wiki/Freedom_of_religionhttp://en.wikipedia.org/wiki/Freedom_of_speech
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    General LawSources of Information

    Statutory law (codified law) is written andpassed by government and the highest form of

    legal information.

    Case law follows the "doctrine of precedent"and is based on a body of previous cases andtheir decisions to be applied to current lawcases.

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    General LawSources of Information

    Legal research relies upon the use and application ofprimarysources of information. Primary sources are those which are direct,authoritative and not influenced by anybody's opinion. Examplesare legislation, treaties, law reports, resolutions ofgovernmental and non-governmental bodies, transcripts ofdebates, parliamentary papers etc. They are free from opinionsand are usually prepared as a necessity. They contain the law itself.

    Secondary sources are those which are not primary in nature. They

    are opinions, commentaries, discussions. They are useful forbuilding an opinion on a particular topic, as a means ofreflection,

    an argument or a description, but they do not have the same

    value as primary sources of information. We will be looking at both

    primary and secondary sources of information throughout this

    programme.

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    General LawSources of Information

    Imagine you must deal with this case:

    Boris Becker swears at a photographer in the

    Florida, USA. BB pleads the 1st amendment The public believe BB should not be fined In a similar case where Charlie Sheen swore

    at a reporter he was fined $1,000

    At face value what heirarchy is given to these

    points?