Case Studies and Equity Principles in Law

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This assignment delves into the significance of case studies and equitable principles within the legal context. It emphasizes the importance of thorough analysis and interpretation of both case law and statutes to understand court proceedings and arrive at informed decisions. The assignment highlights the role of alternatives in managing complex situations and underscores the need for ethical considerations throughout the process.

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EQUITY AND TRUST

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Table of Contents
INTRODUCTION...........................................................................................................................1
LO1 .................................................................................................................................................1
Identifying principal rules by applying techniques of interpretation to them.............................1
LO 2.................................................................................................................................................2
Principles of equity and trust.......................................................................................................2
LO 3.................................................................................................................................................3
Complex factual situations..........................................................................................................3
LO 4.................................................................................................................................................5
Evaluation of doctrinal and conceptual difficulties and analysis of alternatives approach and
outcomes.....................................................................................................................................5
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................7
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INTRODUCTION
A case study and laws are involve details of intensive study of a unit. Generally it is used
for determining and managing the factor and leading to success or failure of an organisation and
court cases. The present study is based on the case study and laws. Case study and its preparation
is important and necessary for success of case at court (Berman and Feinblatt, 2015). It is help to
make alternatives and of case study by this case is not stop in the mid and give the best result of
work. Study lays emphasis on the identifying the principles and rules which are applying at by
using techniques for interpretation of cases and statues. The key principles and rules of equity
and trusts. That will also shows the rules to complex factual situation and produces a reasonable
judgement with the best result of work. Study is also highlighted by the doctrine and conceptual
difficulties and alternative approaches and its outcomes. That will help to handle any situation of
case in the court.
LO1
Identifying principal rules by applying techniques of interpretation to them
The principles and rules are applying techniques are interpretation of the case and studies.
That are important to understand that, at the time of court case and study what the principles and
rules are applicable. This help to handle the case and studies at court (Bayefsky, 2017).
Statutory interpretation refers to the action of the court in trying to understand and
explaining the meaning of a piece of legislation. Trust is the valid, it is crucial that descriptions
are beneficial at the time of trust crests. There are having the principles and rules by applying the
approaches that are as follows:
The literal rule
It is take the task and case of court to give meaning to the case and their studies. This
rules are often applied to orthodox judges that are believed that constitutional roles are limited at
the time of case. It is determining the intention of the legislation the passing a particular statute
(Mueller, Kirkpatrick and Richter, 2018).
The golden rule
The golden rules is the exceptions to the literal rule that is used for literal process. It
results intention be circumvented rather than rules are applied at the time of case. This will apply
for results in the absurdity and inconsistency but no further.
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That rules are important at the time of case and its studies. By this judge and court
members are easily understood the case of trust and other. Rules of case study and statutes are
help to do study of case effectively by maintaining information and knowledge of case through
using of resources. That are helped to case study in effective and best way.
LO 2
Principles of equity and trust
First requires that Losers must be compensated to general conception to when a person or
social class is harmed by trade. The second and third principles concerns about how the gains are
distributed in the society and across the society The reason of this distribution is priority to worse
off, and equally distribute the gains are justifiable. The moral principle of abstaining from
injuring others, naturally takes the lead in every institute of law; and as the enforcing that
principle has been a capital object in establishing courts of justice, it is proper to commence a
treatise of equity with examining in what cases the interposition of a court of equity is required
to make it effectual; which can only be where no remedy is provided at common law (Epstein,
2017).
Principles of Trust
There are two types of trust
Testamentary trusts
Testamentary trusts is to transfer property into the trust after the death of the settler. This
trust allows the settler to specify any conditions and situation and may distribute the payments
from the trust after or over the period. Testamentary trust is not being created automatically
when the settler dies but it may be specify in the will of the settler.
Living trusts
A living trust is more complicated than a testamentary trust. Many people use a living
trust to avoid probate in will, although even with a trust a deceased person's estate will often still
include assets that settler cannot use living trusts to name of the guardians for their children, but
may designate a guardian in their will.
Principles
Integrity - Some time integrity is refers with honesty, while honesty is key element but
integrity is much more than the honesty (Hudson, 2016). For the company it is important to
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maintain trust with the employees and customers. It is courage to build trust and work according
to self values and beliefs and create integrity for the customers and employees in any operations
by behaving honest with them with their work.
Capability - Capabilities can refer as the ability to do things that inspires anyone with
talent, attitude, skills, knowledge and style. They are the Key features to produce the result.
Capability in the company is to handle the legal issues with government or with the partners and
with suppliers and customers.
Those are principles of trust and equity are help to maintain the trust of employees and
clients on case and its study. That are helped to maintain the effective and best result of work in
case of work. Principles of trust are helped to maintain the trust and principles of equity is helped
to maintain equity of case and its study. That ere enforce the benefits of trust and equity at the
cost any cost and growth of management (Hudson, 2016).
LO 3
Complex factual situations
Complex situation are happens at the court and that have to handle at court by responsible
persons. This situation very critical to understand and for that take decisions are also critical. For
that person is responsible to understand that at any cost and it happens by the doing study of case
like its types and features, in that types of situation are created and what types of decisions are
taking and which section is applied at their. Conflicts of cases are as follows:
Industrial conflict:- it arises where employee are not satisfied with their employment.
The causes of dissatisfactions are related to wage increase and remuneration. The
employees express their dissatisfaction in formal and informal way. In formal way, they
are organized a plan in advance. In informal way, the plan is not organized and they meet
management surprise.
Strike:- wheEpstein, A. L., 2017n the industries do not satisfy their worker and the
workers are not doing their work for a limited time because the industry do not take
action against employees grievances. Strike arises when worker dropping out their work,
the industry do not accept employees demands relating to wages and bad working
conditions (Turner and et.al., 2016).
Trust
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Capabilities:- The principles of equity and trust arise when the employer find the capable
person in the premises who mange their works and achieve target through their skills and
experience and are mature enough to handle the decision in that case the equity and trust
reflects the employee's strength and potential to achieve more success in their life.
Capable person always find their way through their good behaviour in the company and
employer appreciate their capability by their good behaviour and quick grasping power.
It is a learning organisation that helps to create good working condition and recruit
skilled and experience people for the organisation so they can satisfy the employees and
control the complex situations.
Integrity:- it is a fundamental values that employers are bound to hire the employees. It
demonstrates the moral and ethical principles at the work. With the help of integrity the
employees build the relations in the organisation and they develop the interrelation
between employer and employees (Van Velsen, 2017).
Equity
Equal opportunity :- Equal opportunity refers to the term in which every employee will
be treated equally so that there is no conflict occur in the company. All the employees
should be treated equally so that there fair justice with all the employees. There will not
be any discrimination in the company regarding colour, religion and disability.
Equal Treatment:- Equal treatment means every employee in the company will be
treated equally so that fair treatment will be done with all the employees. All the
employees will be giving equal wages there is no injustice in giving wages to the
employee. As all the employees have equal rights in the company.
That all are the conflicts, trust and equity of the case. By this judge is able to take decision in
effective and proper manners. Conflicts of case are find then take that decisions are also easy and
fast. For trust is also work when client and customers are not trust to the court in that case they
are not able give information of case. By this taking decisions for case are not easy and also not
in correct ways. This is not goods for case and its result (Virgo, 2018).
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LO 4
Evaluation of doctrinal and conceptual difficulties and analysis of alternatives approach and
outcomes
In order to validate the trust, it is essential that the description of the beneficiaries should
be conceptual certain at the time that the trust is created. The identifiable problem that has
occurred with the doctrinal is that the legal law in the common world is reform oriented,
fundamental and theoretical that need interdisciplinary aspects. Beneficiaries should ascertain
meaning that allow the court to carry out the execution (Bayefsky, 2017).
The doctrine is separation of power finds in its roots. The concept of government
functions and the theories of mixed and balanced government evolved. These were the essential
elements which are development of doctrine separation power. Doctrine research is not only
type of research within the early discipline reviews. The section is deals with the different ways
in which the problems are resolved. The conceptual difficulties are important to analysis this. For
that they can make alternative approaches and outcomes. That helped to make creative at the
stage helps for maintaining every problems of doctrine. That are as follows:
Be realistic: at this court are not make alternatives but they are also ready for handle any
situation with the best result of work.
Alternatives are usually exclusive and that are happened at same time of court case.
Not make decisions for the further decisions without any investigation is not acceptable
decisions for the case and its studies. Manager make decisions for more information of
case in that they are not manageable.
Without any done process, not to changes any strategies for the managing it. Changes
their strategies according to needs of case and its study (Mueller, 2018).
Keep in the mind the alternative are need to implemented at some point and serious cases.
Alternatives are help to make the new decisions and changes at the time of difficult case. That is
important to make alternatives because this helped to maintain any situation of case and studies.
CONCLUSION
From the above study it had been concluded that the case study and statues has important
for gaining knowledge of case which has happened at court. That has give effective and best
impact on the clients of case. By this study has helped to handle any situation and condition
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which has related to case and its study. Case study ha followed by the principles and rules that
applying by techniques that has interpreted to the case and statutes. Study has included by the
key principles and rules of equity and trust had been important to maintain by the client and
court. It had been give positive impact on the clients of case. By that judge has able to give the
possible result and outcome of result of case and make effective and best decisions for that.
Doctrinal has the conceptual difficulties and analysis alternatives for approaches and outcomes.
Alternatives had been important for managing situations at court and anywhere at their case has
runs.
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REFERENCES
Books and journals
Bayefsky, A. F., 2017. The Principle of Equality Ornon-Discrimination in International Law. In
Equality and Non-Discrimination under International Law (pp. 71-104). Routledge.
Berman, G. and Feinblatt, J., 2015. Good courts: The case for problem-solving justice (Vol. 8).
Quid Pro Books.
Epstein, A. L., 2017. The case method in the field of law. In The craft of social anthropology
(pp. 205-230). Routledge.
Hudson, A., 2016. Principles of Equity and Trusts. Routledge.
Hudson, A., 2016. Understanding equity & trusts. Routledge.
Mueller, C. B., Kirkpatrick, L. C. and Richter, L. L., 2018. Evidence under the rules: Text, cases,
and problems. Aspen Casebook.
Turner and et.al., 2016. Trust, confidence, and equity affect the legitimacy of natural resource
governance.
Van Velsen, J., 2017. The extended-case method and situational analysis. In The craft of social
anthropology(pp. 129-150). Routledge.
Virgo, G., 2018. The Principles of Equity & Trusts. Oxford University Press.
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