GMGT 2060 Lecture 3: Lecture Notes All P 11
26 May 2017
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Intestate succession act " to die without a will. This process or a will needs to be probated by a lawyer. (probate. To prove and read the will and fulfill it: judge made/common law: court rather than interpreting and applying legislatively created law is declaring the law in areas untouched by legislation. The law established by the courts in this matter is the core of what is known as judge made or common law. Here the courts are themselves making authoritative pronouncements of the law without the existence of legislative enactive laws whose intent the courts are generally bound to follow subject to the process of interpretation. The courts and judges are themselves making the law. Judges had lots of power to determine the principles of the law. Their views were biased of value of both philosophical and social. This was common until the ~20th century (judges used to decide all law).
