The PLS And English Common Law
explanatory Essay
560 words
The PLS and English common law are among the oldest established legal systems and systems of law in the world. English common law is so cold because it was ancient Kings law applied commonly throughout the kingdom of England replacing the customs and laws of the former kingdoms. England was a single kingdom by 1000 a day. After the Norman invasion of 1066, the common law emerged in the 12th century, because the Norman kings used the existing governmental infrastructure and say judges to spirit the Kings law, replacing the old Anglo-Saxon roles. Common law also means the system of principles developed by judges in the case systems of binding principles precedent and it applies in later cases. The ELS is the mother of all common law legal systems, worldwide, in Britain X colonies and the Commonwealth. The common law world comprises the USA, Canada, Australia, New Zealand, the remainder of the Commonwealth and almost every country in which English is spoken. When the British established that empire across the globe, they spent the English language and English common law and procedure. T...
In this essay, the author
- Explains that the pls and english common law are among the oldest established legal systems and systems of law in the world.
- Explains that the city of london is an ancient sense for international trade, banking, insurance and commerce searches commercial calls that there's been prominent in establishing international level in these fields.
- Explains that english judges look at all reports of england's common role goal to jurisdictions to see how their judges have solved similar problems.
- Explains that the judicial committee of the privy council in london axis supreme court's full many common-law countries who send their final appeals to be determined. valve was highly likely to apply the same principles while sitting in 2 quarts.
Related
- explanatory
- opinion
- comparative
- analytical
- Laws, Lawyers, and Punishment in the Victorian Periodexplanatory essay-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
In this essay, the author
- Explains that the chancery court's approach to equity is designed to give relief from strict decisions made by the common law.
- Explains that the chancery became a joke and parliament came to view it as necessary for matters of will and divorce to be referred to new civil courts instead of the church.
- Explains that prompt trials weren't guaranteed and often those accused of crimes had to stay in jail for months before a sentence was made. the trial itself was quick.
- Explains that public executions were attended by many people, such as the execution of a husband and wife pair of murderers in 1849.
- Explains that as more criminals were convicted and less hung, a new system of punishment was put into use: the penitentiary.
- Explains pool, daniel, what jane austen ate and charles dickens knew, new york: simon & schuster, 1993.
- Explains that at the beginning of the 19th century there were 3 types of law in england: -common law: the "law of land" (pool 127), which was built up over many centuries
- Explains that to become a barrister one had to go to certain number of dinners at the inns of court for 3 years.
- Explains that in 1800 there were over 200 offences punishable by death. this harshness was probably due to the lack of real paid policemen at the time.
- Explains how the mid-century capital punishment was used for murder, treason, and piracy. when an unusual death occurred a coroner was called to look at the body.
- Explains that the prison housed 450 prisoners who were confined to their cells to eat, sleep, and work only leaving them to walk for exercise, in which time they were partitioned from other prisoners.
- Explains baker, j.h., and philips, david. the industrial revolution and british society. patrick k. o’brien and roland quinault.
753 wordsRead More - Common Law And Legal Reasoningexplanatory essayQuestion: “How does knowledge of British Legal History affect your understanding of the subject of Common Law and legal reasoning?” You¬ may choose any topic from the Common Law syllabus to illustrate your answer. Answer: What is Common Law?
In this essay, the author
- Explains that common law is the ancient law of england based upon societal customs, recognized and enforced by the judgments and decrees of the courts.
- Explains that common law disputes are settled through adversarial exchange of arguments and evidence. if the losing party is not satisfied with the decision, he may appeal to a higher court.
- Explains the history of the common law. different areas of england were governed by different systems of law before the norman conquest.
- Explains that william the conqueror standardized the law by establishing a central government and henry ii institutionalized common law through incorporating and elevating local custom to the national.
- Explains that judicial precedent refers to the source of law where past decisions create law for future judges to follow.
- Explains that the doctrine of stare decisis, in latin, is a legal principle that judges are required to treat similar facts of later cases in the same way.
- Explains that the principle of the case is called ratio decidendi, which is binding on future cases. the obiter dicta created the doctrine of promissory estoppel.
- Opines that judicial precedent can be useful as it provides certainty in the law. it is also criticised for the rigidity of the system.
- Explains that sir matthew hale wrote in his legacy work "history of the pleas of the crown" in 1736 that the husband cannot be guilty of a rape committed by himself upon his lawful wife.
- Explains that sir matthew hale's statement was accepted by the society at that time. a further acceptance of marital rape can be seen in "a summary of the law relative to pleading and evidence in criminal cases."
- Describes the first case of marital rape in r v clarence in 1889. the defendant passed an infection of disease to his wife by having a sexual intercourse with her.
- Explains that the case of r v clarke in 1949 was influential because the husband raped the wife as they were still married. the conviction of rape was quashed as the defendant argued that it was not an offence.
- Explains that in r v miller in 1954, the defendant had sexual intercourse with her wife without her consent before the petition for divorce. the defendant was charged for rape and assault under section 47 of the offences against person act 1861.
- Explains that the wife was granted decree nisi by the court in r v o'brien 1974, but the husband raped her after she got it.
- Analyzes how hale's marriage exemption ended in r v r 1991, when the husband broke into the house and raped the wife. it was overruled and the defendant was liable for rape.
- Opines that the abolition of the hale proposition, despite its emasculation by later decisions, should be done by the legislature and not the courts.
- Explains that the judicial precedent was rigid in the sense that bad and unjust decisions will only be overruled by a higher court. the law must change with time as the mindset of society nowadays is different.
- Explains the difference between common and civil law.
2073 wordsRead More - Statutory Law Vs Common Lawopinion essayChapter 1 1-1. Statutory Law versus Common Law. How does statutory law come into existence? How does it differ from the common law? If statutory law conflicts with the common law, which law will govern?
In this essay, the author
- Explains that the u.s constitution is the supreme law of the land. a law in violation of it will be acknowledged as unconstitutional and will not be enforced.
- Explains that under the u.s constitution, when there is a dispute between federal and state law, federal law overcomes.
- Explains that richard fraser was an "exclusive career insurance agent" under a contract with nationwide mutual insurance co.
- Opines that the court should be in favor of nationwide because federal laws protect electronic communications only in the course of transmissions.
- Analyzes how charles zandford persuaded william wood to open a joint investment account for him and his mentally retarded daughter. he was convicted of wire fraud and sentenced to four years in prison.
- Opines that zandford's conduct established a violation of securities law under the sarbanes-oxley act of 2002.
- Analyzes the current work environment and the company values, mission, goals, and ethical policies.
- Recommends gaining the support of top management to add or develop an ethics program in the company based on the feedback they get from their workforce and their own research into common ethical issues in their industry.
- Recommends providing ethics training in the form of employees responding to hypothetical situations that may arise or scenarios they know take place in other companies.
- Recommends providing a hotline or other anonymous reporting system to help employees communicate breaches of your ethics plan.
- Explains that statutory law comes into existence by congress and the various state legislative bodies that make up another source of law.
- Opines that the best way to avoid any legal problem is to do any kind of business following all the law avoiding any illegal action.
- Explains that business ethics focuses on what constitutes right or wrong behavior in the business world and how moral and ethical principles are applied by businesspersons.
- Opines that pfizer inc. and other companies that make or distribute cold and allergy medications are not responsible on how people use those medications.
2098 wordsRead More - Early English Common Law Case Studyexplanatory essayThe quandary of how judges should properly respond and treat criminal attempts within the realm of early English Common Law can be traced back to two philosophers, known as Plato and Henry of Bracton (Samaha, 2013). While they both had their influence on common law, each man had a dissimilar view of how criminal attempts should be treated. Plato believed that if a person had the intention to commit a crime that he or she should be treated as if the crime was completed regardless if they succeeded or not (Samaha, 2013). Conversely, since early English Common Law did not punish criminal attempts, Henry of Bracton explained this by asking, “What harm did the attempt cause, since the injury took no effect” (Lippman, 2007). As a result, English Common Law sided
In this essay, the author
- Explains the quandary of how judges should properly respond and treat criminal attempts within the realm of early english common law.
- States that all attempts to commit indictable offenses are misdemeanors, unless they are subject to special statutory enactment.
- Explains that the prosecution must prove the intent to commit a specific crime, and the specific result intended for the completion of the crime.
- Explains that the second element of criminal attempt of common law is attempt actus reus, which is defined as "taking some steps toward completing a crime".
- Explains that the dangerous proximity and dangerous persons tests evaluate what factors or steps remain for the individuals to complete before they hurt society by completing the crime.
- Explains samaha's dangerous proximity tests, which evaluate whether a person has completed all but the last act of the crime.
- Explains that the indispensible element test assesses whether or not the defendants have acquired all the materials needed to complete the crime.
- Evaluates the similarities and differences between english common law and specific state statutes.
1145 wordsRead More - Common Law Case Studyexplanatory essayThe four types of participant liability under Common Law are Principal in the first degree, Principal in the second degree, Accessory before the fact and Accessory after the fact. (Anderson, 2015). Principal in the first degree is described as the person who actually committed the crime. This person that committed the crime does not need aids when committing the crime, depending on the crime. The person that is charged with the first degree usually receives the death penalty or life in prison. Example of a person that can be charged with first degree; A man that is married to his lovely wife but have thought of killing her sometime. One day wife and the husband had a huge argument, which turn violation and the husband end up killing his wife
In this essay, the author
- Explains that the four types of participant liability under common law are principal in the first degree, second-degree, accessory before the fact, and after-fact.
- Explains that a principal in the second degree is someone who was present at the commission of the crime, but aided and abetted the actual crime.
- Explains that accessory before the fact is a person who aided in the preparation for the crime but was not present at the time it was committed.
- Explains that accessory after the fact is a person who knew the crime had been committed and gave aid or comfort to the suspect.
- Explains that the model penal code substantial capacity test of insanity is used by a criminal defendant who is found legally insane cannot be held accountable for crimes resulting from the condition.
1100 wordsRead More - Common Law Case Studyexplanatory essayOur client Ms. Melody Larson (“Ms. Larson”) has contacted our office to seek advice on whether she has any legal recourse. She wants to have Ferdinand Sahayko (“Mr. Sahayko”) to stop his operation of the industrial plant he owns or making him handle the operation in a way that will allow her to be able to return to do business as before. This determination will be based on whether the operation Mr. Sahayko’s plant constitute a nuisance under the laws of Florida.
In this essay, the author
- Explains that melody larson wants to have ferdinand sahayko stop his operation of the industrial plant he owns or make him handle the operation in a way that will allow her to return to do business as before.
- Explains that there is no statute in florida covering the tort of private nuisance, but common law provides sufficient precedence on the topic.
- Explains that florida courts have repeatedly ruled that every owner has the right to enjoy his property, under both a legal use and an use which does not interfere with the rights of others.
- Explains that the burden of proof in nuisance cases is on the plaintiff, like in the majority of civil litigation cases.
- Opines that if our client proves the existence of a nuisance, she will not have to prove the intent of the tortfeasor.
- Explains that the court determines the kind of use a person can lawfully give to its property based on the reasonable use of property.
- Explains that courts consider the location of the properties in industrial zoning approved areas. corbett v. e. air lines, inc.
- Explains that the right to own property is a right protected by law and clearly is not an element that we should dispute.
- Explains that courts consider the excessive use of properties, which can amount to becoming nuisances, to be unacceptable and may be restrained.
- Explains that the courts have traditionally held that no owner can interfere with the right of other owners to enjoy their own properties. exxon corp. was liable for not exercising reasonable care towards plaintiffs.
1370 wordsRead More - The History of the Criminal Justice System in Americacomparative essayThe criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
In this essay, the author
- Explains how the american criminal justice system evolved since the first colonists came to america. the english common law system was a set of rules used to solve problems within the communities.
- Explains that the colonists expanded the criminal justice system based on their needs at the time. the role of the judge was to enforce god's will.
- Explains that the criminal justice system in america made slow progress during colonial times, but progress was made by the early 1800s. the department of justice was established in 1870 and federal prisons were built.
- Concludes that the criminal justice system in america is evolving to meet the needs of the people.
439 wordsRead More - Common Law Case Studyanalytical essayExplain and analyse the common law tests used by the judiciary to determine liability under the tort of negligence for the following two types of injury claim:
In this essay, the author
- Explains and analyzes common law tests used by the judiciary to determine liability under the tort of negligence for the following two types of injury claim.
- Explains that it was reasonably foreseeable that a person in the claimant’s position would be injured.
- Analyzes the case of kent v griffith, where a doctor called for an ambulance to take an asthma patient to hospital, but the ambulance didn't arrive in time and the patient suffered heart attack.
- Explains that a duty of care only exists if the relationship between the claimant and the defendant is sufficiently close. the case of osman v ferguson did not succeed because it was ruled that it wasn't fair, just and reasonable.
- Explains that donoghue v stevenson is a seminal case to set out the general principles of duty of care.
- Explains that the third part of the test, whether it is fair, just, and reasonable to impose a duty of care, is based on public policy.
669 wordsRead More - Exploration of English Lawanalytical essayExploration of English Law In English law, there is no formal separation of public and private
In this essay, the author
- Explains that in english law, there is no formal separation of public and private.
- Argues that section 6 (3) (b) of the act is not caught by section 6.
- Opines that a law of privacy was clearly shown in kaye v.
- Describes the areas of law where the hra 1998 has brought about actual changes.
- Describes the breaches of art 8 (the right to family life) and art 12.
- Explains that complies with art 8 of the convention and s 3 of hra.
2217 wordsRead More - Benefits of the Common Law legal Systemanalytical essayA legal system is a system used for interpreting and enforcing the laws. The most original or commonly know legal system that has shaped much of what exists today is know as the Common Law. There are three major legal systems of legal procedure; each having their own set of rules called criminal procedure guidelines. These three systems are the adversarial, inquisitorial, and popular (mixed) systems of criminal procedure (Dammer & Albanese, 2011).
In this essay, the author
- Explains the three major legal systems of legal procedure, which are adversarial, inquisitorial, and popular (mixed)
- Explains that the adversarial system is a legal system used in the common law countries, such as england and the united states, where two advocates represent their parties' positions before an impartial person or group of people.
- Explains that the adversarial system seeks truth by pitting the prosecution and the defense against each other with the hopes that competition will reveal it.
- Explains that the adversarial system places decision-making authority in the hands of neutral decision makers. the system emphasizes procedural rules designed to ensure a fair fight between the parties.
- Analyzes the combat effect and the wealth effect of the adversarial system.
- Compares the adversarial system with the inquisitorial system. the lawyer has access to the facts of his client’s case, including what witnesses will testify.
- Explains that the united states separated their legal system from that of england during the american revolution. they based their cases from what were used in the english common law.
- Explains that every person accused of a crime punishable by imprisonment for more than six months has the constitutional right to trial by jury, which arises in federal court from article three of the united states constitution.
- Explains that common law is deeply rooted in our american system, dating back to the beginning, and centuries of work.
- Explains that the fourth, fifth, sixth, and eighth amendments of the united states constitution, as well as, habeas corpus, came from common law. the right to counsel was established by our forefathers in the constitution.
- Explains that the right to remain silent is the main factor of common law criminal procedure. the fifth amendment protects us from ourselves and from forced confessions through torture or threats.
- Opines that the right to trial by jury is still one of the greatest parts of our common law legal factors. the right to trial by jury is slowly disappearing due to plea bargaining.
- Argues that the right to bail system is based off of the accused's flight risk, prior record, and seriousness.
- Explains that common law gives the judge tremendous amounts of power, which is why some are ok with statutory law replacing case law.
- Explains that the norman conquest to the puritan revolution was a very important time in england's history. the common law legal system is used in anglo-saxon countries.
- Explains that william the conquer, a french nobleman, defeated the english at the battle of hastings, and became king.
- Explains that the english parliament was created in 1295, and it was designed to check the king’s power. king henry iii attempted to gain more power by achieving support from the pope.
- Describes the hundred years war between france and england, which boosted nationalism in england. the war of the roses influenced england and its legal system.
- Explains that henry viii split the church of england from the catholic church to get what he wanted. he forced anglicanism onto his people to strengthen his power.
- Explains that the puritan revolution was a political and military conflict. the main characters were king charles i and oliver cromwell, the leader of parliament.
- Explains that the common law shaped the criminal procedures in england and wales into what it is today. the king's court was established after william the conqueror defeated the english at the battle of hastings in 1066.
- Explains that england's legal system began with the norman conquest of england in 1066 a.d. to the end of the 17th century.
- Explains that the common law is the most adaptive and prevalent legal system used and has developed into even today’s criminal procedure systems.
- Citesfisher, howard, and dale pond's "our american common law." princeton. "norman conquest of england."
- Describes the papers from the north carolina journal of international law and commercial regulation.
- Explains that the trial system is available at judiciary.gov.bt/html/court/trial.php.
2129 wordsRead More