does not specify any particular block (or blocks) of land, it can be any block
–
your house, my house, the houses next door, the houses in the next street,
the houses in neighbouring suburbs and so on across the face of the earth.
Any land will do to satisfy the element.
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Nature of Subelements
It is possible that an element of a rule has parts or even sub parts.
Conveniently, the parts of an element can be designated as subelements.
Subelements themselves can be further divided into sub-subelements, sub-
subelements, sub-sub-subelements, and so on. It is necessary to subdivide an
element into as many levels of sub elements as is required to portray accurately
and comprehensively the structure and content of the element. When one or
more elements of a rule have subelements the organisation of the rule becomes
not just a list but a hierarchy composed of the elements along with the various
levels of subelements.
Where an element has parts and subparts it is a clumsy although accurate to
describe the first division of parts as subelements, the second as sub-
subelements, the third as sub-sub-subelements, and so on in this way until all
the dividing is done.
There
are, however, two simpler ways of referring to
these. First, no matter what their level the sub parts can be described just as
subelements. Second, where the various levels of sub parts can be numbered
within a hierarchical numbering system, as in the example below, they can be
referred to as elements with their number designating their level in the
hierarchy. So, sub-subelement 1.2.1 can be referred to simply as Element 1.2.1
because the numbering system makes clear its place in the hierarchy.
Illustration
When dividing a rule into its subelements it is necessary to proceed until all the
relevant provisions of the rule are covered. In abstract form, the division of a
rule into elements and subelements is illustrated by the following hypothetical
example that focuses on the subdivision of just one element, Element 2 of a
rule that has three elements, Elements 1-3:
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A block of land that is outside the jurisdiction that made the law (the home
jurisdiction) will literally satisfy the requirement of ‘land’. But at the same time it
may raise other issues. There may be a jurisdictional issue as to whether the court
in the home jurisdiction has authority or jurisdiction to hear the case. There will
be a private international law (or conflict of laws) question as to which legal
system is the proper legal system for determining the dispute – the legal system
of the home jurisdiction or the legal system of the jurisdiction where the land is
located.
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