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7/29/2019 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_speech7/29/2019 EFB - Lesson 7
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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?