Substantive law

statutes from the British and Canadian parliaments. Although the U.S and the Canadian legal systems are comparable in many aspects, the two legal systems have significant differences. There are two distinct types of laws, the procedural and substantive laws (Boyd, 2011). Substantive laws concern

due. Procedural protection arises where the government attempts to deprive citizens of a property interest. In other words, a plaintiff must show an important property interest was at stake by looking if it is spelled out in a constitution, state law, or any other state or federal legislation. When this occurs, the Due Process Clauses ordinarily requires notice and an opportunity to be heard. This is followed by a balancing test of the nature of private interest that is affected, the government’s

As one analyzes the differences between intent procedural and substantive due process, the purpose of due process must be determined. The purpose of due process is assuring that no person shall be deprived of “life, liberty, or property without due process of law”. This is the only theory that is vital to individual rights and freedoms than due process (Snyder, 2015). However, due process is not only the opportunity to be heard, but to extend justice and fairness to the individual in relationship

Under the doctrine of Respondeat Superior, GM can be held liable for G’s negligence. Therefore, the state of Columbia has PJ over GM and G. Subject Matter Jurisdiction Federal-Question Claims can be heard in federal court if it arose under the laws of the United States, the

Discussion Questions One LaShanda Prejean LAW 421 Peter Derouen March 5, 2013 Discussion Questions One 1. To what extent does succession planning—such as for wills, estates, and trusts—affect business? How might these legal topics interact with your current or past job or industry? Every company succession plan carries the three bases that are will, trust and estate. The will, trust and estate provided a financial security and help plan the future. The purpose

case we went over in constitutional law this year is Lochner v. New York because of the display of power by the justices joined in the majority and the fervent dissent countering their reasoning. I have described Lochner above in the context of the Commerce clause above but my focus for this question is the case in context of the Substantive due process section of the class. The substantive due process clause deals with the law itself and not the process, substantive rights are protected under the Due

test was conducted to deduce that the Charter infringement is not justifiable in a free and democratic society. The first step of the Oakes test is to determine if the infringement is “prescribed by law”. A common law rule or regulation, in addition to legislation can constitute a limit “prescribed by law” (Sharpe & Roach, 2013, p66). Under Alberta Government statute, “all teachers in a Charter school must be certified by the Alberta of Education; however a Charter school can inquire as to the religious

What happens when that person in your family who shares this linkage is a pet? Does this change the definition of family just because the subject at hand is something other than human? My substantive definition of family helps me too be able to accept pets as members of the family. Under the definition of law, family is the formal social recognition and affirmation of a bond as family, particularly in the form of marriage and adoption. Pets are

bread freshness could constitute breach of consumer law (SMH 2015). As the total amount of fines could be considerable, along with a negative impact on reputation, Coles could have entered into financial distress. The reason I chose this article was that most Australian people shop in Coles every week, thus the case is closely related to our life which is worth talking about. Besides, the article covered issue of sales and non-compliance of law which often attract auditors’ attention. The event mentioned

of the rule of law is one of the most essential values in the English legal system. It has aptly been characterized as “a wrapper that is placed around a bundle of more specific principles”. Interestingly, prominent personalities like inter alia, Lord Bingham, Jeffrey Jowell and Dicey, have identified that legality, certainty, accountability, efficiency, due process and access to justice are only a number of those specific principles which all together constitute the rule of law. Some of these