Shady Clever Case name: Rylands v. Fletcher Year of decision: 1868 Court: House of Lords Case citation: Rylands v. Fletcher, 3 H.L. 330 (1868) Facts Rylands, hereinafter referred to as the Defendant, owned a piece of property, which did not qualify for rights to mines and veins coal beneath the surface. Fletcher, hereinafter referred to as the … Read more
The 9/11 terrorist attack elicited consternation across the world. The scale of devastation witnessed as a result of large scale property destruction and life extermination still lingers in the memory of the international community in general and Americans in particular. The 9/11 attack was not the first terrorist attack to be experienced in the United … Read more
Substantive Law In common usage, substantive law encapsulates rules that establish rights and obligations while procedural law envisages the rules that prescribe the process of administrating substantive law (Mauet, 2013). Courts apply the substantive law when dealing with the legal relationship between private citizens or between the citizens and the state. Substantive law is mainly … Read more
Plato believed in a government of intellectuals (Jayapalan, 2002). His teaching was designed in such a way that it would produce intellectuals who would run the state, which concisely mean the creation of an aristocracy (Jayapalan, 2002). In this regard, Plato prefers to have a philosopher-ruler with a tremendous erudition and wisdom. One who will … Read more
What is Utilitarianism? Utilitarianism theory is associated with Jeremy Bentham and John start Mill. According to the theory, man is a social being whose motivation in life emanates from his desire to achieve happiness and shun pain. It premises on a hedonistic assumption that man is a sentient creature with feelings and sensibility. As such, … Read more
Who is a Man of Conscience A man of conscience is one who discovers his purpose or mission in life. He is always in touch with his feelings and reality. Such an individual exercises dominion over his emotions. His life is a reflection of the quest of his chosen path and strives to honor the … Read more
The Fair Labor Standards Act (FLSA) of 1938 The Fair Labor Standards Act (FLSA) of 1938 provides a lucid guideline about acceptable employment practices. The Act prescribes the mode of calculating overtime pay, minimum wages, and the suitable persons for employment among others. The legislation covers all workers, including those working for the state and … Read more
The balance between Utilitarianism and Euthanasia The dilemma in the case regards striking a moral balance between euthanasia and utilitarianism. When Dr. Jill assists in the suicide of the 400 patients, the deaths will occur because of an intentional act or omission, which amounts to euthanasia. Mill’s utilitarianism uses the end to justify the morality … Read more
What is the Point of Law? The law is a concept with semantic elusiveness and no person has given it a universally accepted definition. The concept becomes even more intricate with the increase in the number of people developing an interest in the area. The positivist and natural law theorists pose the most prominent arguments … Read more
A motion for Judgment on the Pleadings is for the sole purpose of testing the undisputed facts present in the pleadings. A party may also move the court to make such a judgment the latter can take judicial notice of such facts. This motion is filed after the closing of the pleadings. However, the filing … Read more