The statutory definition of a partnership is " the relation that exists between persons carrying on a business in common with a view to profit" There are three essential elements of a partnership. To determine if a partnership relationship exists the prima facie rules are found within the Act: 1. there must be a carrying on of a business; 2. the business must be carried on in common; and 3. the business must be carried on with a view to profit. ... The scope of what may not be a business, in the partnership sense or otherwise, is expanded upon by common law. ... At common law indiv...

• Word Count: 280
• Approx Pages: 1
• Grade Level: High School

No constitution however is entirely un-codified in the sense that none of its major rules are written in formal documents. ... Other major constitutional rules are contained in the common law, which is judge-made law that has developed over the centuries. ... For example, the royal prerogative, that is, the powers legally left in the hands of the Crown, is a product of the Common law. ... Even some conventions, however, are codified in the sense that they are contained in formal documents. ... The UK un-codified Constitution can be criticised for being un-democratic in the sense that it relie...

• Word Count: 685
• Approx Pages: 3
• Grade Level: Undergraduate

Of course I looked "justice" up in the dictionary before I started to write this paper and I did not find anything of interest except of course a common word in every definition, that implies being "fair". ... I thought that if one of the things the law and the legal system are about is maintaining and promoting justice and a sense of "fairness", they may not be doing a spiffy job. ... We all have felt wronged, at one time or another, in one form or another and I feel that is why we all have a common interest in seeking justice. ... This is why justice is important and sought after, for the co...

• Word Count: 714
• Approx Pages: 3
• Grade Level: High School

Of course I looked "justice" up in the dictionary before I started to write this paper and I did not find anything of interest except of course a common word in every definition, that implies being "fair". ... I thought that if one of the things the law and the legal system are about is maintaining and promoting justice and a sense of "fairness", they may not be doing a spiffy job. ... We all have felt wronged, at one time or another, in one form or another and I feel that is why we all have a common interest in seeking justice. ... This is why justice is important and sought after, for the co...

• Word Count: 714
• Approx Pages: 3
• Grade Level: High School

The Roman Way Romans denoted exaggeration; they were spectacular builders and pre-eminently men of war. They had a clear idea of discipline and a keen-sighted, steady common sense. They were actually knows as rude and wild, primarily because of how much Romans loved the gladiators. The gladiator...

• Word Count: 218
• Approx Pages: 1
• Grade Level: High School

In short, a good citizen places our common good high on their list of personal values. ... Life is about common sense, so is being a good citizen. ... Thousands of things in thousands of ways, unique to your common sense and imagination. What they have in common is working toward the common quality of life, protection of liberty, and pursuit of happiness for every citizen of this country. Re-stated, are you working for our common good? ...

• Word Count: 1560
• Approx Pages: 6
• Grade Level: High School

As it is said above, the main idea of this passage is analogizing inherited liberties, or choices as they are written in the constitution, with the sense of family or unity as a people. ... The words "constitution", "fundamental laws", and "state" connote an idea of government; whereas the words, "binding up", family affections, domestic ties, and inseparable connote a sense of family or unity. ... When Burke says "combined and mutually reflected charities," he is referring to the universal aspects of society and life that all of a country's inhabitants hold dear to their hearts such as...

• Word Count: 1024
• Approx Pages: 4
• Grade Level: Undergraduate

However, despite the common starting points of their theories, their approaches to the question of property are quite differentiated. ... According to him, all men are born free and equal regardless of what generation they have been born into and, private property does not arise from consent to divide up original common property. ... Property in a narrower sense for Locke means the right to exclusive use of an object that no one else has previously claimed by mixing one's labor with an object in its natural state. ... It is argued therefore, that men enter to the society in order to eff...

• Word Count: 980
• Approx Pages: 4
• Grade Level: Undergraduate

In monarchy, the common people must obey the rule based on the self-interest of the King. ... The latter is the most powerful, but also smart enough to manipulate his citizens or the common people. ... Moreover, such government operates on these laws, and it is the duty of the citizens or the common people to obey these laws. ... Therefore, citizens do not have a good sense of security knowing that a stronger monarch can steal from them too. ... At the very least, common people have a right to be heard in votin! ...

• Word Count: 1047
• Approx Pages: 4

The system of trial by jury has changed considerably since it was first introduced into 13th century England to replace the old system of trial by physical ordeal. Recently there has been a lot of discussion whether or not the system is efficient enough. There are many strengths to support the syste...

• Word Count: 446
• Approx Pages: 2
• Grade Level: High School

The High Court has also had a great impact on the Legal system through decisions it has handed down involving Common law issues and the operation of rights. ... Mabo case (1993) is one of the most evident case involving Common Law and implied rights. ... An Activist High Court is when the Court is seen to be a lawmaker. i.e. interpreting the Constitution outside its literal sense. ... With regard to this case Justice Mason said " in some cases the court of appeal can and should modify a principle of common law on the basis that it is ill adapted to modern times. Courts also have the ability ...

• Word Count: 1458
• Approx Pages: 6
• Grade Level: Undergraduate

Most people, in this world, have a general sense or knowledge of the difference between right and wrong. ... We do commit wrongful actions sometimes, but it is very common among humans. ... It may be objected that some common human actions are unlawful, and unacceptable. ...

• Word Count: 736
• Approx Pages: 3
• Grade Level: High School

The laws for Darwin states; "These laws, taken in the largest sense, being Growth with Reproduction; Inheritance which is almost implied by reproduction; Variability from the indirect and direct action of the external conditions of life, and from use and disuse; a Ratio of Increase so high as to lead to a Struggle for Life, and as a consequence to Natural Selection, entailing Divergence of Character and the Extinction of less-improved forms. ... Darwin asserts that all living things have much in common, in their chemical composition, their germinal vesicles, their cellular structure and their ...

• Word Count: 827
• Approx Pages: 3
• Grade Level: Undergraduate

According to Plato's Crito, "Whatever the popular view is, and whether the alternative is pleasanter than the present one or even harder to bear, the fact remains that to do wrong is in every sense bad and dishonorable for the person who does it"(911). ... In Peter Cave's "Man or Sheep"," he argues that "Our common rationality and interests should lead us to see and accept what would be fair laws, benefits and rights for all"(963). ... In most areas of the U.S, privacy is protected as a common law, not a constitutional right. ... A common law can vary from state to state but one co...

• Word Count: 1114
• Approx Pages: 4
• Grade Level: Undergraduate

What is justice? In Plato's Republic this very question is put forth as contentious. Plato disputes this question by using a method dialectic - the asking and answering of questions which lead the listener from one point to another, supposedly with irrefutable logic by obtaining agreement to each p...

• Word Count: 573
• Approx Pages: 2
• Grade Level: High School

With the recent increase in marijuana smokers there are questions of when one of the most common recreational activities will be legalized. Studies show that those who smoke marijuana are less likely to develop precancerous cells, compared to those who smoke cigarettes, are less likely to die due to...

• Word Count: 562
• Approx Pages: 2
• Grade Level: Undergraduate

Is downloading songs off of Napster morally acceptable? This seems to be a constant questioned asked amongst ourselves. It is the ever-constant issue of morals when dealing with others. The downloading of music off of Napster is not morally acceptable. With a common sense understanding of copyrig...

• Word Count: 512
• Approx Pages: 2
• Grade Level: High School

The ancient Greek and Roman civilizations of Europe began to progress toward a more civilized order of society. As there were no previous establishment to base their ideals on, it was understandable that there were some difficulties in their progression as a society. Although the ancient Greek and R...

• Word Count: 523
• Approx Pages: 2
• Grade Level: Undergraduate

Complaints and agitation by the plebes, the common people, led to the reduction to writing of the existing legal customs and the addition of new principles unknown in the customary law. ... Through his good sense, moderation, and conscientious attention to duty, Augustus won the support of all major elements in the Mediterranean world. ...

• Word Count: 2515
• Approx Pages: 10

In its 1992 decision in Mabo v QLD (No 2), the High Court rejected the doctrine that Australia was 'terra nullius', but held that Australia was a settled colony in which the common law recognised native title to land. ... They are not a free and independent people who are entitled to any rights or interests other than those created or recognised by the laws of the Commonwealth, States or the Territories or by the common law. Recognition of Aboriginal customary law Generally speaking, the common law has not recognised (in the sense of giving legal enforcement to) Aboriginal cus...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

There are five lies that the church told women and each one makes less sense then the next: * "God created women as inferior, destined to serve their husbands" * "A man needs to "cover" a woman in her ministry activities" * "Women can't be fulfilled or spiritually effective without a husband or children... Gradually, as women like these continued to insist on economic independence, the idea that women could have more economic status became more common. ... * Because women have experience which would be helpful to legislation * Because to deprive women of ...

• Word Count: 1793
• Approx Pages: 7
• Grade Level: High School

"Machiavelli's most characteristic, central, and frequently involved concept is that of virtu, a term by no means regularly translatable by "virtue," and certainly not equivalent to virtue in the Christian sense. ... The laws, he says, "make men good"- that is compel them to serve the common good and refrain from barring their fellow citizens, as civil and political life demands. ...

• Word Count: 4508
• Approx Pages: 18
• Grade Level: Undergraduate

The main point behind this idea this that group rights are just individual rights held by each member of the group, and group membership is the only commonality between the individuals within the group. ... The fundamental group rights idea however suggests that this is not the case and there are situations where rights are expressed as a group and not merely individuals that share a common right. ... Legally it makes more sense to recognise group's rights. ...

• Word Count: 931
• Approx Pages: 4
• Grade Level: High School

Kassiner then proceeds to take on the notion that if marijuana were legalized, that it would give the youth of our country the sense that smoking marijuana was perfectly fine. ... Yet, Kassiner makes another valid point which out weighs this minor flaw in his case, as he mentions that it is a common belief that legalization would result in a tremendous increase in recreational use of marijuana, yet then goes on to provide his own solution. ...

• Word Count: 694
• Approx Pages: 3
• Grade Level: Undergraduate

We live in a country which has a set of rules that we must abide by in order to be considered good members of society. Our legal system encourages us to do as they say or one gets punished. For example we can get punished for something as little as not paying a parking ticket or a severe punishment...

• Word Count: 888
• Approx Pages: 4