Question
Under the Act's condemnation scheme, tenants living on single-family residential lots within developmental tracts at least five acres in size are entitled to ask the
Under the Act's condemnation scheme, tenants living on single-family residential lots within developmental tracts at least five acres in size are entitled to ask the Hawaii Housing Authority (HHA) to condemn the property on which they live. Haw. Rev. Stat. 516-1(2), (11), 516-22 (1977). When 25 eligible tenants,[1] or tenants on half the lots in the tract, whichever is less, file appropriate applications, the Act authorizes HHA to hold a public hearing to determine whether acquisition by the State of all or part of the tract will "effectuate the public purposes" of the Act. 516-22. If HHA finds that these public purposes will be served, it is authorized 234*234 to designate some or all of the lots in the tract for acquisition. It then acquires, at prices set either by condemnation trial or by negotiation between lessors and lessees,[2] the former fee owners' full "right, title, and interest" in the land. 516-25.
11.
a) Explain why a judge in the high court would issue the writ of certiorari
12.
C) Highlight the circumstances under which a court may se aside an award
13.
a) Explain the jurisdiction of the land disputes tribunal.
c)Explain the conditions necessary for the remedy of 'mandamus" to apply
14.
a) with specific reference to source law:
i.Explain three advantages of unwritten constitution over written one
ii.Distinguish between "orbiter dicta "and"ratio decidendi"
15.
a)
i.list the function of international treaties.
ii.Outline five sources of international law.
16.
b) Explain three advantages of statute as a source
17.
a) In relation to the sources of law:
i.Explain the meaning of the term "common law"
ii.State four characteristics that a custom under African customary law should satisfy to be enforceable
iii.Describe two types of judicial precedents.
18.
b) Justify the need for delegated legislation.
19.
c) Identify any five national values as envisaged by the constitution in your country.
20.
a) Highlight three contributions of equity to the development of the legal system.
b) Discuss two advantages and two disadvantages of case law.
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