scholarly journals LITIGATION, THE ANGLO-SCOTTISH UNION, AND THE HOUSE OF LORDS AS THE HIGH COURT, 1660–1875

2017 ◽  
Vol 61 (4) ◽  
pp. 943-967 ◽  
Author(s):  
PHILIP LOFT
Keyword(s):  
Eighteenth Century ◽  
Subject Matter ◽  
Civil Law ◽  
England And Wales ◽  
High Court ◽  
House Of Lords ◽  
The Subject ◽  
The Revolution

AbstractThis article examines the role of the House of Lords as the high court from the Restoration of 1660 to the passage of the Appellate Jurisdiction Act in 1876. Throughout this period, lay peers and bishops judged appeals on civil law from the central courts of England and Wales, Ireland (aside from between 1783 and 1800), and Scotland after the Union of 1707. It has long been known that the revolution of 1688–9 transformed the ability of parliament to pass legislation, but the increased length and predictability of parliamentary sessions was of equal significance to the judicial functions performed by peers. Unlike the English-dominated profile of eighteenth-century legislation, Scots constituted the largest proportion of appellants between 1740 and 1875. The lack of interaction between Westminster and Scotland is often seen as essential to ensuring the longevity of the Union, but through comparing the subject matter of appeals and mapping the distribution of cases within Scotland, this article demonstrates the extent of Scottish engagement. Echoing the tendency of Scottish interests to pursue local, private, and specific legislation in order to insulate Scottish institutions from English intervention, Scottish litigants primarily sought to maintain and challenge local privileges, legal particularisms, and the power of dominant landowners.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

scholarly journals Colour Studies: Clarification and Alpha-Numeric Adaptation of Notation Systems for Artists and Designers

1970 ◽  
Vol 4 (2) ◽  
pp. 121-148
Author(s):  
ZS Ebigbagha
Keyword(s):  
Subject Matter ◽  
Design Education ◽  
Qualitative Approach ◽  
Pivotal Role ◽  
Art And Design ◽  
Wide Range ◽  
The Subject ◽  
Effective Use ◽  
Creative Construction

Colour studies have generated much confusion in art and design education, particularly among students of the discipline in Nigeria. This is due to the complexity of the subject matter itself, wide-range of available materials and a variety of concepts developed in its multi-disciplinarity that is not kept distinct. Therefore, this paper utilizes a qualitative approach that employs the critical, historical, and analytic examination to provide clarification on the constructive and expressive aspects of colour studies. The paper introduces the reader to the pivotal role of colour and its multi-disciplinary interest. Also, it adequately clarifies paradigms and theories in the physical, psychophysical and psychological domains with particular emphasis on areas of practical value to art and design. Moreover, it considers the numeric adaptation of the colour wheel to a set of numbers for harmonic relationship. And it ends with the need for artists and designers to comprehensively grasp the contextual behaviour of colour and develop colour originality through creative construction and effective use in order to successfully express themselves in colour.

scholarly journals LEADERSHIP IN TURBULENT TIMES

2020 ◽  
Author(s):  
David Baiyeshea
Keyword(s):  
Leadership Styles ◽  
Leadership Style ◽  
Subject Matter ◽  
Turbulent Times ◽  
The Subject ◽  
Organizational Objectives

The paper attempts to deconstruct the leadership phenomenon, with emphasis on competencies needed by leaders to thrive in turbulent situations. Leadership has been a topic that has garnered a lot of interest from researchers over the years and as a result of this, there are significant number of literatures on the subject matter. However, there have been discrepancies in definition on the role of leaders, specifically on leadership styles and which style of leadership can be considered the best for all situations. While, there are several discussions amongst scholars on the most appropriate leadership style for all situations, the paper attempts to elucidate that one major thing scholars agree on is that leadership is involves inspiring followers to achieve organizational objectives specifically evaluating the role of leaders as organizational stewards and their ability to restore the balance between an organization and its environment in turbulent times.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

Santa y Andrés: A dossier

2020 ◽  
Vol 17 (3) ◽  
pp. 377-382
Author(s):  
Dunja Fehimović ◽  
Ruth Goldberg
Keyword(s):  
Subject Matter ◽  
Film Industry ◽  
Cuban Revolution ◽  
Original Essays ◽  
Starting Point ◽  
Online Archive ◽  
History Of ◽  
The Subject ◽  
Cuban Cinema

Carlos Lechuga’s film Santa y Andrés (2016) has enjoyed worldwide acclaim as an intimate, dramatic portrayal of the unlikely friendship that develops in rural Cuba between Andrés, a gay dissident writer, and Santa, the militant citizen who has been sent to surveil him. Declared to be extreme and/or inaccurate in its historical depictions, the film was censored in Cuba and was the subject of intense controversy and public polemics surrounding its release in 2016. Debates about the film’s subject matter and its censorship extend ongoing disagreement over the role of art within the Cuban Revolution, and the changing nature of the Cuban film industry itself. This dossier brings together new scholarship on Santa y Andrés and is linked to an online archive of some of the original essays that have been written about the film by Cuban critics and filmmakers since 2016. The aim of this project is to create a starting point for researchers who wish to investigate Santa y Andrés, evaluating the film both for its contentious initial reception, and in terms of its enduring contribution to the history of Cuban cinema.

Teachers' and Students' Role in the Learner-Centered Classrooms

2021 ◽  
pp. 800-813
Author(s):  
Angelina Popyeni Amushigamo
Keyword(s):  
Learning Environments ◽  
Subject Matter ◽  
Thinking Skills ◽  
Critical Thinking Skills ◽  
Learner Centered ◽  
Transmission Of Information ◽  
Teachers And Students ◽  
The Subject ◽  
Role Of Teachers

Prior to Namibia's independence in 1990, the role of the teacher in an educational environment has been defined as the transmission of information to students, and the teacher was regarded as the all-knowing person in the classroom, who slavishly followed the textbook in transmitting the subject matter to the students. In some cases, the teacher did not understand the subject matter that he/she transmitted to students. Therefore, there was no explanation of what was being taught. Students had to sit passively and listen to the teacher; learn by memorization (rote learning), and recall the transmitted information. This study explored perceptions of the role of teachers and students in learner-centered classrooms in a primary school in Namibia. Learner-centered teachers create learning environments that promote students' active engagement with learning and develop critical thinking skills.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

Historically Speaking,—: Arithmetic problems 175 years ago

1961 ◽  
Vol 54 (5) ◽  
pp. 361-363
Author(s):  
Cecil B. Read
Keyword(s):  
Eighteenth Century ◽  
Subject Matter ◽  
Mathematics Teaching ◽  
New Developments ◽  
The Subject ◽  
Class Room

A commonly encountered criticism of present-day mathematics teaching is that we fail to take account of new developments; it is sometimes said that a mathematician of the seventeenth or eighteenth century could step into the modern class-room and be competent to teach any of the subject matter.

Federal Constitutional Guarantees of the States: Section 106 and Appeals to the Privy Council from State Supreme Courts

1978 ◽  
Vol 9 (3) ◽  
pp. 348-374
Author(s):  
Christopher D. Gilbert
Keyword(s):  
Subject Matter ◽  
Case Law ◽  
State Courts ◽  
State Supreme Courts ◽  
Privy Council ◽  
Supreme Courts ◽  
High Court ◽  
Federal Constitutional ◽  
Recent Statement ◽  
The Subject

The abolition of all appeals from the High Court to the Privy Council, coupled with the High Court's recent statement that it no longer regards itself as bound by Privy Council decisions, highlights the fact that appeals still lie, in many matters of State jurisdiction, from State Supreme Courts direct to the Privy Council. In this article, Mr Gilbert is primarily concerned to examine the extent to which section 106 of the Commonwealth Constitution may provide protection for these “direct” appeals. To this end, Mr Gilbert examines what case-law exists on section 106, and attempts to place the section in perspective in relation to the rest of the Constitution. The difficult (and largely unexplored) relationship between section 106 and section 51 is considered, to discover the possible reaches of Commonwealth legislative power with respect to the subject-matter protected by section 106. The position of “direct” appeals within the States’ constitutional structures is looked at, in order to determine the possible ambit of whatever protection is offered by section 106, and finally, Mr Gilbert analyses the recent comments by Mr Justice Murphy that the abolition of Privy Council appeals from the High Court has meant the consequential demise of “direct” appeals from State courts.

Sign in / Sign up

Export Citation Format

Share Document