Actual residence and intention

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Each Question is worth 5 marks so kindly make it detailed.Questions

1. Delegated legislation is described as a "necessary evil" or a constitutional impropriety". This is because it interferes with the doctrine of separation of powers which provides that the lawmaking is a function of the legislature. List the disadvantages of delegated legislation.

2. Common law is mostly known as a branch of law of England which was developed by the ancient common law courts from customs, usages and practice of the English people and it has two main characteristics. Therefore, state some shortcomings of common law.

3. African customary law is the law based on the customs of the ethnic groups which constitute Kenya's indigenous or Africa population. Furthermore, for a custom to be relied upon as law, it must have certain characteristics. state those characteristics.

4. Judicial precedent is a legal rule that inquires a judge hearing a case to refer to earlier cases decided by his predecessors in order to find out if the material facts of any of those cases before him. With that describe various types of precedents.

5. According to the various types of precedents, they should be binding by the court or not depending on the situation they are faced with. With so, highlight certain circumstances under which a court may refrain from a binding precedent.

6. Administrative functions are concerned with the means by which the powers and duties of the various public agencies, public bodies and public institutes can be controlled. In addition to so, describe the classification of various administrative functions.

7. The order of prohibition is one issued by the high court which prohibits a body (administrative bodies) from continuing proceedings and also a body from continuing to carry out wrongful decisions. List when prohibition order may be issued against.

8. Jurisdiction means the scope or area in which a body is allowed to act it includes territorial limits and jurisdictional error is an administrative agency that has acted without jurisdiction or have acted within jurisdiction but have gone beyond their limits. Explain the circumstances in which it occurs.

9. A corporation may be defined as an association of persons binded together for sole particular object, usually carry-on business with a few of profit and there are various types of corporations such as corporation sole and corporation aggregate. Discuss ways in which a corporation is created.

10. A person's domicile is the place where he permanently resides with an intension to remain where mere residence is not sufficient which is based in two elements that is actual residence and intention to remain in that place or country. In reference to so, highlight three types of domicile.

Reference no: EM132938676

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