Thursday, February 27, 2020

Construction and business law Essay Example | Topics and Well Written Essays - 2250 words

Construction and business law - Essay Example Rather it can be said that the informal sources of law does not have a strong legal validity. In case of a conflict between the common law and the formal source of law always the formal source of law gains primacy. Courts which hear civil issues like issues related to debt, contract related matters and also property related issues. It also includes succession, real estate and custody related issues. The structure of the civil courts is as follows in the base lies the sheriff court, above it the Court of Session and above everything is the House of Lords. The Criminal Courts are those which deal with the criminal cases like rape, murder, theft, forgery and adultery. The structure of the Criminal Court is different from that of the Civil Court in the sense that at the base lays the District Court, then the Sheriff Court and above all the High Court of Judiciary. A real obligation always creates a debt and in the process becomes a principal obligation. In the English law there are two types of real obligation, they are namely land and rent. On the other hand the payment which is due against the land becomes a personal obligation. On the other hand it can be said that personal obligation and the real obligation are related to each other. One produces the other. For instance if land is the real obligation then in that case the fruits and flowers produced from that piece of land becomes the personal obligation. (Langdell, 2009, p. 199). The Inner House of the Court of Session is actually the appeal court. This court is divided into the First and the Second Divisions and each of the divisions have been given equal authority. The Divisions are presided by the Lord President and the Lord Justice Clerk respectively. The Inner House hears cases from the Outer House and some other Sheriff Court and Tribunals. The Outer House on the other hand hears cases at the first instance. They generally hear commercial cases, case related to contract and also judicial review. The judges of the Outer House also hear on the Intellectual Property Rights. Thus it can be said that the Inner House of Courts has more compared to the Outer House of Courts. (Court of Session - Introduction, n.d). The European Court of Justice is the highest Court of law in the European Law and it deals with all the laws of the European Union. This Court refers to the law of the community and it deals with all kinds of cases. The European Court of Human Rights on the other hand is the highest International Court. It deals with case related to the violation of the European Convention of Human Rights. Individuals can directly apply to the European Court of Human Rights. The main aim of the Court is to protect the human rights of the individuals or the states. Thus it can be said that the major difference between the two is that the European Court of Justice deal with all kinds of law and the European Court of Human Rights only deals with human rights related issues. Question 2: A courier company promises a 24 hour delivery service.' Its customer,a web-based travel agency, orders the couriers to deliver an essential computer component from the suppliers to their premises. En route, the couriers lose the package and end up taking 72 hours to deliver a replacement. The travel agency wishes to sue the courier company for the losses it has incurred as a result of the delay in delivery of the vital component.

Tuesday, February 11, 2020

Individual Argument Assignment Research Paper Example | Topics and Well Written Essays - 1000 words

Individual Argument Assignment - Research Paper Example The argument shows that God is responsible for allowing evil to exist. God has the power to stop evil by stopping the evil persons from that since there is evil in the world (Lavery & Hughes, 2008). Further, Einstein’s argument Evil is the absence of God, who exists shows a logical argumentation. Einstein uses the logic of the darkness and light to prove his argument. Einstein insists that cold and darkness was invented by people to explain the absence of heat and light. However, God did not create darkness and cold. Similarly, evil is the absence of God in the lives of the evil persons. Consequently, God did not create evil but some individuals chose to exercise their free will to be evil by making God from their daily lives (Asheim, 2006). Furthermore, there are weaknesses in the arguments between the professor and the student, Einstein. In every rule there is always an exemption. Just because God created everything does not literally include creating evil. On the other hand, individuals commit evil by refusing to obey God’s laws to be good citizens. In the Einstein statement Evil is the absence of God, who exists may not be all true. In the story of Noah’s Ark, God flooded the entire earth to kill the evil people of the world (Tucker, 2005). God can do something to remove the evil individuals from society. God can lend a hand to stop the evil persons’ acts. The use of a better premise will translate an argument to a more effective one. If the premise is erroneous, the conclusion is questionable. If the premise is logically persuasive, the conclusion is tenable (Louw, 1998). Further, the professor and Einstein could have done a better job at improving their concepts. The professor could have stated: God did not create everything in this world. The revised statement shows that persons exercise their free will to do evil acts by refusing to obey God’s laws. The professor is using wrong logical reasoning. Using the same argument, God