Download e-book for iPad: A-Level Law in Action by Brenda Mothersole, Ann Ridley (auth.)

By Brenda Mothersole, Ann Ridley (auth.)

ISBN-10: 0333582373

ISBN-13: 9780333582374

ISBN-10: 1349130443

ISBN-13: 9781349130443

ISBN-10: 5424072232

ISBN-13: 9785424072239

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Equitable remedies are enforceable against the defendant by imprisonment for contempt of court. Some important equitable remedies (for example, specific performance and rescission) are discussed in chapter 16. Recent examples of equitable remedies are the Mareva injunction, by which the assets of the defendant may be frozen to prevent them being removed from the jurisdiction, and the Anton Piller order, which is an order of the court, made ex parte (without the knowledge of the defendant) allowing the plaintiff to enter the premises of the defendant to inspect documents.

Law' and 'rules' may be used synonymously, as in the 'laws of science'. What is difficult, but fer the law 22 A-LEVEL LAW IN ACTION student very important, is to identify and justify the difference between the rules which form part of that structure which we call 'the law' and those which do not. There are a number of ways of looking at this question; one answer could be that the law is comprised of those rules which society recognises as law. In order to solve a particular legal problem we must be able to find the relevant legal rules or principles and one way of defining law is by the source of a particular rule .

The police, the Crown Prosecution Service and the criminal courts will be involved in the process of enforcing the criminal law. Pat may obtain some compensation under the Powers of the Criminal Courts Act 1973, but assault and battery are also recognised as civil wrongs under the law of torts (see pages 236-7) and if no criminal prosecution is brought Pat may be able to sue Joe (the case would be cited as Murray v Smith) . In a civil action, the plaintiff is responsible for initiating the proceedings by the issue of a writ (or a county court summons) and the case will be heard in the High Court or the county courts depending on a number of factors, including the amount of the damages claimed by the plaintiff.

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A-Level Law in Action by Brenda Mothersole, Ann Ridley (auth.)


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