The former are legal syllogismwhich holds sway in civil law legal systems, analogywhich is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems.
Dissatisfied with the unfavourable outcome, Mr Mashongwa escalated the matter to this Court. Mogoeng CJ unanimous Heard on: It is 10 years since Metrorail in effect highlighted the need to keep coach doors closed to secure rail commuters and the significance of failing to provide safety and security measures for them when a train is in motion.
It was thus negligent of PRASA not to observe a basic safety-critical practice of keeping the coach doors closed while the train was in motion and therefore reasonable to impose liability for damages on it, if other elements were proved.
Jurisdiction  The engagement with counsel during the hearing necessitated a reflection on whether this Court has jurisdiction to entertain this application. Civil law is the legal system used in most countries around the world today.
Contrary to what the Supreme Court of Appeal held, it strikes me as highly unlikely, based on the evidence tendered, that the three attackers would have found it easy to force the doors open and throw out Mr Mashongwa, who was resisting, as quickly as they did taking advantage of the already open doors.
The evidence led, which was accepted by the trial Court, was to the effect that the posting of a single armed guard on the train in question could have deterred the assault. Only the existence of transaction costs may prevent this. Papua New Guinean ways. Most executives in both systems are responsible for foreign relationsthe military and police, and the bureaucracy.
This would be especially so in circumstances where an organ of state would have been properly apprised of its constitutional duties many years prior to the incident, as in this case. I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner.
But according to him the most effective security measure for preventing crime, that was implemented, was the random raids on trains and stations whereby searches for dangerous weapons and illegal substances were conducted. Both these codes influenced heavily not only the law systems of the countries in continental Europe e.
Secondary rules are further divided into rules of adjudication to resolve legal disputesrules of change allowing laws to be varied and the rule of recognition allowing laws to be identified as valid. That acts of violence are perpetrated on our trains is a reality.
This is so not only because of the constitutional rights at stake but also because PRASA has imposed the duty to secure commuters on itself through its operating procedures. August Learn how and when to remove this template message Law is complex from a methodological viewpoint.EU citizens have a right to live in any EU country and can cross borders with ease.
The Commission wants to build a European Union area of justice, which will make it easier for citizens to exercise their rights and allow businesses to. Joanne clark Norfolk house Assignment Principles of safeguarding and protection in health and social care Task A Booklet Create a booklet about safeguarding, which can be used as a reminder for people who work in the care profession.
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state.
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Assignment Principles of safeguarding and protection in health and social care Assignment composition Assignment overview In this assignment you will demonstrate your understanding of safeguarding adults.Download