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The Law Of The Common Law

- Question 1 Two main sources of law in the common law system are statutes and judicial decisions. The UK’s law inherited from the authority of courts which developed over the centuries, following the ‘stare decisis’ doctrine which built the stability and certainty in the law. This law survived for over a thousand years even in the absence of the statutory regulations in some areas. However, the Parliament as the supreme law-making body has the power to override or change current case law through the legislation but its power has been significantly weakened since signing the European Community Act in 1972....   [tags: Common law, Law, Contract, Tort]

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Common Law Vs. Law

- Question 1 a. What is the meaning of the term ‘common law’ and what are the characteristics of a ‘common law’ system. (Oxford Dictionaries, n.d. a) defines common law as, ‘the part of English Law that is derived from custom and judicial precedent rather than statutes’. This means that this particular type of law, has developed from traditions and perspectives of the law court, rather than from law passed by Parliament. The main feature of common law is that it is case law centred, and interpreted by a judge; unlike the civil law system, which is based on statutes and legislation....   [tags: Common law, Law, United Kingdom]

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Common Law : Common And Civil Law System

- 1.a What is the meaning of the term common law and what are the characteristics of a common law system. Throughout the world there are two types of legal systems; common and civil law. The most prevalent is the Civil law system, which grew from Roman law. The less frequently occurring of the two systems is the Common Law system, with only 27% of the world’s 320 legal jurisdictions using Common Law. Common law can refer to any legal jurisdiction that is using the English system. Common law is case law, a more flexible system of law by contrast to civil law....   [tags: Common law, Law, Civil law, Statute]

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The Common Law And The Religious Foundations Of The Rule Of Law Before Casey

- The Common Law and the Religious Foundations of the Rule of Law before Casey In light of Craig Stern’s excerpts, from the book, A Higher Law by Jeffrey A. Brauch, he writes four Christian ideas-doctrines “Four Christian ideas-doctrine in fact-are both especially important to that religion and especially important to the rule of law in the common law tradition.” Stern’s believes this formulates the doctrinal belief of the Christian faith. “The first of these is the doctrine of God himself, that is, his being and his work.” By this, Stern’s means that God is the creator of all things he is the beginning and the end....   [tags: Law, Common law, Jesus, Christianity]

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How Judges Should Properly Respond And Treat Criminal Attempts Within The Realm Of Early English Common Law

- The 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)....   [tags: Criminal law, Crime, Law, Common law]

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History and Application of Common Law

- 1a) Common Law, also widely known as Case Law, derived from the old English common law, is largely based on precedents, where judicial decisions were already previously made in similar cases where it is used as reference bases or sources of law. Also, common law is not codified, which generally means there is no comprehensive compilation of legal rules and not written in statues [The common law and civil law traditions, 2010:1]. It is during the Middle Ages, after the Norman Conquest in 1066, where Common Law is believed to be formed from the changing and centralizing powers of the king, where “the medieval kings began to consolidate power and established new constitutions of royal authoriti...   [tags: Case Law, Judicial Precedent]

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The English Common Law Emerged

- When the English common law emerged, it stated that the King had the ultimate authority over children, and; thus, children were seen as assets. Throughout centuries, children were considered “little adults,” and “property,” therefore, exploitation of children as laborers was a customary occurrence. This labor was considered a necessity among families who were in severe poverty (Davin, 2008). During colonial times, children were considered “property of the parents,” (Hinton, Sims, Adams, & West, 2007), therefore, parents were allowed to “classify their children as stubborn and seek state punishment, including capital punishment” (Hinton, Sims, Adams, & West, 2007)....   [tags: Prison, Criminal justice, Crime, Criminal law]

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The Common Law And Criminal Justice System

- The criminal justice system, prisons being part of it has made a huge impact on those be convicted for the use or possession of drugs. However, with the help of resources and influence there are ways to get off or have a less of a sentence by money and power. Though if money and power isn’t an option for them art is a way to provide prisoners rehabilitation and healing who have been involved by the criminalization of drugs. The Common Law, Criminal Justice System is one of three types of legal systems....   [tags: Criminal justice, Prison, Law, Crime]

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The And Common Law Unions

- 1. According to the 2011 census data, there were 9,389,700 families in Canada. Numbers in each of the diverse form of the Canadian families have increased. About 20 per cent since 1981 has risen for married couple families while the number of common-law unions has more than the quadruple since 1981. However, married couples have remained the most dominant family form but compared to other years the number is declining with time. In 2011, 64, 575 were same-sex couple families. About one-third of the couples was married while the rest fell into the common law couples....   [tags: Family, Marriage, Disability, Kinship]

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The Laws And Common Law

- In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today....   [tags: Salem witch trials, Witchcraft, Crime, Salem]

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Common Law in Australia

- Common law is the law made by judges when deciding a certain case before the court. The reasoning the judge applies becomes a precedent, to be followed by other lower courts in future matters of similarity. This is the basis for the doctrine of precedent. A precedent is either a binding precedent, the reason for a decision of a higher court that must be followed by a court of lower status in the same hierarchy; or a persuasive precedent, meaning a reason for a decision of another court that is not binding, and should only be considered for its persuasive value....   [tags: stare decisis, Commonwealth legislature]

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Common Law Concepts

- CONCEPT 1 – COMPENSATION AS A WAY TO REDUCE NUISANCE (Hogan & Edwards, 2003) states the idea of compensation in Common Law is to protect the environment as it amplifies the need for organisations and individuals within a society to prevent nuisance. Furthermore, compensation concept has raised conflict between environmental concerns and restricts the property holder’s rights to fully utilize their resources. Nevertheless, the idea of compensation can also be seen as an ethical guideline for the society, of which if any laws were to be broken, for example harming the environment, appropriate punishments will be conducted....   [tags: Urban Development ]

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Common Law and Equity in Historical England

- Common law evolved over time as a judge mad law according to doctrine precedent. In common law the king was the head of the government. Common law was the law administrates by the royal courts and such a more standardised set of rules based on customary law was gradually enforces throughout the whole of England and countries derived from England . e.g. austraila, Canada new Zealand and the united sates. Common laws rules were too board to deal with governing a society as complex as England . originally people had to go to the king in order to ask for justice....   [tags: British history, english royalty]

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Benefits of the Common Law legal System

- A 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). 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, usually a jury or judge, who att...   [tags: politics, legal system]

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Constitutional, Statutory, Administrative and Common Law

- ... This is through what is called The Commerce Clause, “The Congress shall have power to regulate commerce with foreign nations, and among the several states”, says our Constitution (Beatty, Samuelson, Bredeson 58). Article II of the Constitution refers to the executive branch. This branch is charge enforcing our nation's laws. Here, the president is at the top of chain. He has three main powers: appointment, legislation, and foreign policy. Finally, Article III is dedicated to the judicial branch....   [tags: United States Constituiton]

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Criminal Conspiracy in Historical Common Law

- Criminal Conspiracy in Historical Common Law The law of conspiracy is considerably more complex and uncertain than it need be because the statutory reform of the area largely contained in Part I of the criminal law Act 1977 was only partial. As a result, there are now two types of conspiracy – statutory conspiracies governed by the 1977 Act, and an important but limited range of common law conspiracies, which were expressly retained by the act, still governed by the old common law rules, (Tomlins & King, 1992)....   [tags: unlawful act, criminal conspiracy]

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Common Law Torts: Elements and Defenses

- ... Tort law has gradually found a home in the business sector with many individuals resorting to tort law as a remedy to their business related conflict. Law of tort concentrates on obligations related matters and not in crime. For instance, Property law identifies the owner of the land as tort law protects the owner’s rights of privacy and governs trespass. There are various common law torts including personal torts, personal property torts and real property torts. The term element refers to a portion of a rule that comprises the preconditions necessary in the entire rule (Statsky 2011)....   [tags: morality, property laws, judicial system]

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The Law, Statutory Law And Administrative Law

- 1. The term law is a system of principles and processes on which people in a society deal with problems and disputes then seeking to solve or settle them without resorting to any force. The sources in which the law is derived are common law, statutory law and administrative law. 2. The term precedent is a judicial decision that may be used as a standard in subsequent similar cases. Res Judicata means the thing is decided either acted on or decided by the courts. Stare Decisis which means let the decision stand....   [tags: Common law, Law, Tort, Tort law]

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Negligent Torts Are Most Common Types Of Tort Cases

- Negligence Negligent torts are one of the most common types of tort cases. Negligent torts are cases that look at the actions of an individual or company that are not deliberate, but more so when an individual or company failed to act toward as a reasonable individual should, to someone whom he owes a duty to. Negligence action found in this particular tort can lead to personal injuries or monetary damages. The elements which constitute a Negligent Tort are defined as: a person must owe a duty or service to the victim(s) in question, and the individual, or company, who owes the duty must violate the promises or obligation; an injury, then must occur because of the specific violation, and t...   [tags: Tort, Negligence, Law, Common law]

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A Higher Law By Jeffrey A. Brauch

- In light of Craig Stern’s excerpts, from the book, A Higher Law by Jeffrey A. Brauch, he writes concerning four Christian ideas-doctrines “Four Christian ideas-doctrine in fact-are both especially important to that religion and especially important to the rule of law in the common law tradition.” Stern’s begin to explain what formulates the doctrinal belief of the Christian faith. “The first of these is the doctrine of God himself, that is, his being and his work.” By this, Stern’s means that God is the creator of all things he is the beginning and the end....   [tags: Law, Common law, Jesus, Christianity]

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Key Similarities and Differences Between Roman Delict and Common Law Tort

- Q3. There is an obvious parallel between the Roman delict and the common law tort; but the analogy should not be pursued too far’. What are the key similarities and differences between roman delict and common law tort. Introduction A tort can be defined as a wrong that interferes with a person’s legally protected interests , whereas, a delict can be defined as a wrongful act causing damage to someone’s personality, family or property. There are many similarities between the Roman law of Delicts and the common law of Torts, including the similarity between the tort of liability for animals and the Actio de Pauperie and the Edict of the Aediles, the tort of trespass to land and the tort of...   [tags: Law, Legal Analysis]

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Learning Criminal Law and English Common Law

- ... Many state constitutions, contrasting the federal constitution, also begin with an invocation of God. The constitution of the United States divides the federal government into three branches: Legislative branch, executive branch, and judicial branch. The legislative branch is the one responsible to make laws, executive branch carries out laws and finally judicial branch is about evaluating laws. Judicial review is the power of a court to review the constitutionality of a bill, or to review an administrative regulation for stability with either a bill, an agreement, or the Constitution itself....   [tags: court, constitution, government]

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The Roman Law Of Obligations

- The Roman law of obligations gained its definition from the Latin term (obligatio) to mean a legal bond this was between parties, which requires fulfilment according to the law. Aspects of modern law has derived from Roman law but this has taken centuries and a lot of adaptation, therefore the history from around 500AD up until the modern day will be discussed, along with difficulties that Roman law did create. How the law was remedied to comply with modern society has also been discussed. A collection of native ideas and developed roman learning created the law of obligations through legal change....   [tags: Law, Tort, Common law, Contract]

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How Haley Was An Incompetent Driver Under Alabama Common Law

- II. The court will likely find that Haley was an incompetent driver under Alabama common Law Incompetency goes to reliability in all that is essential to make up a reasonably safe person. Rush v. McDonnell, 106 So. 175, 177 (1925). The incompetence of a driver is measured by the driver’s demonstrated ability to properly drive a vehicle. Halford v. Alamo Rent-A-Car, LLC, 921 So. 2d 409, 414 (Ala. 2005). One who is habitually negligent may, on that account, be incompetent. Crotwell v. Cowan, 184 So....   [tags: Driving, Driver's license, Traffic law]

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History Of The Chinese Criminal Procedure Law

- Chapter Three – History of the Chinese Criminal Procedure Law Section 1 – The Chinese Criminal Procedure Law before 1996 3-1-1 The Chinese Criminal Procedure Law before 1979 Along with its historical evolution of its economic, politic and social systems, the Chinese judicial system has been gradually developing. For hundreds of years Chinese judicial system has been proliferating by adopting legal doctrines from other countries however, today the Chinese judicial system as a whole is the result of a rich Chinese history and practical experience....   [tags: Law, Common law, Civil law]

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The Development of Common Law and Equity

- The Development of Common Law and Equity 1.0 Introduction I have been asked to write a report on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since superseded by parliament. It is in parallel with equity which refers to the source of law created by the Lord Chancellor which was designed to supplement the common law and allow people the opportunity to avoid the inherent problems....   [tags: Papers]

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A History of English Common Law

- A History of English Common Law The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen, and he was acknowledged to be the rightful king, but the magnates and such had sworn loyalty to Henry’s daughter, Matilda. The entire reign of Stephen, which lasted from 1135 to 1154, was spent fighting with Matilda and her French husband. Upon Stephen’s death the son of Matilda, Henry II, became king in 1154. It was from here on that the King started to take noticeable interest in the dealings of the court system, and put in to place a royal system instead of allowing the lords to deal with all matters in feudal courts.1 Acc...   [tags: England History Legal System Essays]

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Different Sources Of Public International Law

- Introduction Public International Law is known to be a set of rules and norms generated and set by sources that are ought to be read, accepted, recognised, and signed by all states, and used as a boundary between these states. This essay will analyse the different sources of Public International Law, and identify their strengths and weaknesses, and how they differ from the sources of Law made and implemented in Australia’s law system. Sources of law are basically the origin or authority by which rules and legal force is derived and implemented or enforced....   [tags: Law, Common law, Precedent, Judge]

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Relationship Between School Authority And Law

- he case study is based on relationship between School authority and students in which charges against students are presented under both Common law and Statutory law. School authorities are under a duty to take reasonable care of students while they are under school’s control. This duty arises out of relationship of care and control that exists between students and teachers and will vary according to the nature and location of the activity. Before interpreting individual cases, let’s define Common law and Statute law....   [tags: Law, Common law, Statute, Tort]

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Codified System vs. Common Law System

- i) Equity: Part of the grounds for arguing in favor of the common law system over the codified system is its characteristically equitable qualities. Since antecedents are pursued in all cases, everyone gets the same treatment. This same legal procedure is administered to everyone in spite of their position or creed. Therefore, this system of going by antecedents which had hitherto been set usually leads to equity and fairness. This system of law also has the advantage over the codified system by offering protection to persons via the law of tort....   [tags: Benefits, Disadvantages]

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The Principles Of Law Fashionable Within The Commonwealth Of Australia

- Executive Summary: This exercise has been structured so as to debate the assorted principles that represent the operating of the organization. The exercise chiefly takes into thought the assorted principles of companies Law fashionable within the Commonwealth of Australia. The report has been framed from the quantity of educational and profound resources that are relied upon in course of the current discussion so as to grasp the problems concerned during a higher manner are punctually and properly acknowledged per se....   [tags: Law, Corporation, Constitution, Common law]

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The Law And Commerce : Fiduciary Duty, And The Remedy Of An Account Of Profits

- During my second year at YLS, the focus of my studies has shifted. Whereas the majority of my studies in year one revolved around the common law, this last year my legal education has focused upon the prevalence of the courts of equity in relation to the law of obligations and the law of property. Most notably, I have explored the far-reaching application of equitable redress. Additionally, another topic, which was touched upon last year, has been a core element of my work in relation to the interaction between the law and commerce - fiduciary duty....   [tags: Law, Common law, Fiduciary, Trustee]

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Common Law and Equity

- Common Law and Equity Inconsistent to draw up the relationship between common law and equity, we firstly have to define what is common law. What are the defects of common law, and to what extend equity have been created. From the development of common law and equity, what has been the effects of the Judicature Acts 1873-1875. What are the equitable maxims that are needed to be satisfied. What are the various kind of equitable remedies that have been developed....   [tags: Papers]

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common law and equity

- Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law. It was designed to complement it, providing remedies for situations that were unavailable at Law. Because of this, Equity provided a dimension of flexibility and justice that was often times lacking because of the common law’s rigidity. This rigidity stems from the fact that, while courts sometimes altered their jurisdictions and procedures, the fundamental premises and noticeable forms of the common law went largely unchanged between the 13th and 19th centuries....   [tags: essays research papers]

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Common Law and Equity

- Common Law and Equity In very early times - before King Alfred (849-899), there was no system of justice, which applied to the whole of the country. The population was not ruled by a single monarch, transport and communications were available to very few and no law books were available, however, the population was very small at this time, therefore meaning it was not required as much as nowadays. ================================================================= In 1066, William I made changes to the old system, introducing the Curia Regis and appointing judges - common law was first introduced during this time....   [tags: Papers]

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Customary Law and the Status of Indigenous Australian's

- ... The customary law is also unrecorded and would become difficult to uphold, inform and enforce. Furthermore an enactment of one tribe’s customary law would disadvantage other tribes, leading to not only a discrimination to one but also the chance the other indigenous tribes would remain inferior in status. Although it is important to cherish and make efforts to understand customary law, in this sense recognition of the “elaborate system” would not only bring about no change in aboriginal status but lead to a possibility of a variety of other negative effects....   [tags: aborigine legislation in the common law structure]

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Criminal Law Is Its Historical Contributors And Its Types And Purposes

- At first thought, we associate laws as prohibited activities and lawyers as people who have high quality suits and expensive brief cases. However, law is not nearly as simple as it appears to be on the surface. There has been no time within human civilization where law was not present. Implementation of laws can be recalled back to New Testament times in the Bible where murder was a condemned crime that would be punishable by death. Law is defined as the principles and regulations created by a community or some authority applicable to its people....   [tags: Law, Common law, Law of the United States, Justice]

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Occupiers' Liability from the Common Law

- The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in tu...   [tags: neighbour principle,liability act 1957]

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The Fundamental Point Of Law

- When it comes to discuss English law, the fundamental point is known as case law, which means they do not have particular documents which describe and keep the law. Therefore, it is also called unwritten law, which is quite rare among western democratic countries. As mentioned, they do not have particular written document, though, there are still authority. There are eight sources of law, Case law, Acts of Parliament, Statutory Interpretation, Delegated Legislation, European law, Custom, Equity and Treaties ....   [tags: Common law, Stare decisis, Precedent, Case law]

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Social Justice Systems And Civil Law System

- If I was wrongfully accused of a crime, I believe that the Civil Law system would allow better opportunities for me to be properly acquitted. Today, there are two major social justice systems: Common Law system and Civil Law system. Although both systems have a desire to ultimately restore peace, serve justice, and punish offenders, the Civil Law system is more advantageous and equitable for its followers. The Common Law system is primarily used in English-speaking countries and societies. Originally, credited to be primarily established in England it has had great influence on America through its constitution....   [tags: Common law, Law, Adversarial system, Civil law]

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The Law Principles Of The United States

- Contract laws had two problems which are old contract law principles often did not reflect modern business practices, and law had become different from one state to another. On many legal topics, contacts law included the national government has had a little to say and has allowed the state to act individually. The UCC was made as an effort to answer two problems. I was a proposal written by legal scholars not a law drafted by members of congress or stat legislatures. The scholars at the American law institute and the national conference of commissioners on uniform state laws had great ideas but they had no legal authority to make anyone do anything....   [tags: Contract, Common law, Uniform Commercial Code]

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Should Jurors Enter A Law?

- Is it ever acceptable to break the law. Answering this question leads to the consideration of the following: Should jurors enter a “not guilty” verdict, following their collective conscience, even when the evidence present should correctly lead to a “guilty Verdict”. Jury nullification is the constitutional power that jurors have to address such issues as fairness, selectiveness and compassion, which would otherwise not be part of their deliberation. Each and every day, there are cases held in courtrooms across America where all evidence points to a guilty verdict, yet jurors decide to sign a “not guilty” verdict....   [tags: Jury, Law, Jury trial, Common law]

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Case Study : Business Law Assignment

- Business Law Assignment Table of contents Introduction 2 Main body • Issues 3,4 • Negligence 4,5 • Rules 6 Conclusion 6 Reference 7 Introduction As given in the above case study, Henrietta had engaged in a firm of solicitors to obtain a command so that she can be prevent from visiting and making a nuisance and irritation by one of her male friend. So that Henrietta went to report a case against his friend in a firm to be free from her friend’s visiting and nuisance....   [tags: Law, Common law, Contract, Contract law]

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Positivism : An Alternative Theory Of Law

- The focus of this essay is to examine the extent to which Dworkin provides a convincing alternative to positivism. The central claim of legal positivism states that "in any legal system, whether a given norm is legally valid, and hence whether it forms part of the law of that system, depends on its sources, not its merits". Dworkin completely rejects the positivist approach because he believes that "no combination of source-based rules, no matter how broadly construed or how carefully crafted can ground a theory of law"....   [tags: Law, Legal positivism, Common law, Social sciences]

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Differences and Similarities between the Civil and Common Law Judicial System

- ... Another fundamental difference between these two legal systems is their trial system. The civil law uses an inquisitorial system that is based on investigation, and the common law system uses an adversarial system that is based on the dispute where two opposing lawyers represent their parties in front of the decision maker. In an adversary system the judge and jury as decision makers have a passive role in investigating and gathering evidence and are responsible solely in deciding the case. In contrast, in an inquisitorial system the judge holds a very active role in the process, by choosing which evidence to accept and applying the law to the evidence in deciding the case....   [tags: achieving justice through the legal system]

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Definition Of The Rule Of Law

- The Concept of the Rule of Law and Various Contending Definitions of the Concept. The aim of this essay is to provide a clear understanding of the concept of the rule of law and the different definitions of the concept and indicate which of the definitions is the best. In order to show clear understanding of the concept of the rule of law this essay will include: the definition of the rule of law, features and aims of the rule of law, the different contending definitions of the concept of the rule of law and brief summary of the different views, how the rule of law is protected in the UK, before concluding with a personal opinion on which of the contending definitions is best and reasons why...   [tags: Law, Human rights, Sharia, Common law]

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The Concept Of Law, H. L

- In The Concept of Law, H. L. A Hart criticizes John Austin’s command theory of law and argues for a new framework that interprets laws as rules. As a legal positivist, Hart is motivated to separate the descriptive question of what is from the prescriptive question of what law should be. Despite this, he believes we must also consider the normative aspect to law, which is reflected in the obligation we feel to follow it. With the notion of obligation in consideration, Hart proposes a framework that is a more sophisticated and consistent view of how legal systems work....   [tags: Law, Legal positivism, Common law, Plato]

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What Factors Do Courts Consider When Setting Precedent?

- 1. What factors do courts consider when setting precedent. -Precedent is a previous decision of a court that has special legal significance. When setting precedent, courts consider the followings: a) how the cases are similar or different compared. b) it has to be regarded as theoretical authority over the content of law thus, provides good reasons for believing the decision to be correct in the law. If there are infact good reasons to believe that an earlier case was correctly decided and if facts in later cases are the same as those in earlier cases then there are good reasons to believe that the same decision would be correct in later cases....   [tags: Common law, Law]

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The Legal Systems Of The Time

- In order to discuss what role the legal systems of the time took in creating the patriarchal nature of farm societies, we first need to have a basic understanding of the legal systems in use, but first one needs a concrete definition for patriarchy. According to Merriam-Webster, patriarchy is a “social organization marked by the supremacy of the father in the clan or family, the legal dependence of wives and children, and the reckoning of descent and inheritance in the male line;” (cite webster)....   [tags: Law, Common law, Civil law]

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Should English Law Abolish The Doctrine Of Consideration?

- If English law decided to abolish the doctrine of consideration it would rely on alternative methods such as promissory estoppel to replace the role of consideration in filtering out non-contractual agreements. The outcome of using alternative methods rather than consideration would impact on case precedency and it would change the formation of contracts as consideration is a key element in forming a contract. However since there has been legitimacy and applicability issues raised regarding the doctrine of consideration, it seems necessary to look into the possible abolishment of consideration and finding an alternative method to fill its role in contract law....   [tags: Common law, Contract, Contract law, Promise]

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Understanding the Complexity of Canada's Courts

- ... The act also assigns power go both the provincial and federal governments. The constitution is Canada's supreme law, and any government, whether it be federal, provincial, or territorial, that passes laws that are inconsistent with the constitution are invalid. Canada's constitution is similar to that of the UK and there are four unwritten elements to the constitution; federalism, democracy, constitutionalism and rule of law, and respect for minorities. All of the provinces (excluding Quebec) follow the common law system....   [tags: common law, judges, supreme]

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The Accomplishments of Thomas Aquinas

- Have you ever walked 9000 miles. Well Thomas Aquinas did on his travels across Europe. Thomas had a complex childhood and a complex career. Thomas Aquinas has many achievements/accomplishments. History would be totally different without St.Thomas Aquinas. There would be no common law and the United States Government would not be the same without the common law. Aquinas was born around 1225 in Roccasecca, which is located in Italy today. He was born right after the death of Francis of Assisi....   [tags: preaching, common law, journey]

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599 words | (1.7 pages) | Preview

Common Law vs. Political Law vs. Scientific Law

- Common Law vs. Political Law vs. Scientific Law Americans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law. To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever....   [tags: Papers]

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Section 78 of the Police and Criminal Evidence Act 1984

- To a man with a hammer everything looks like a nail. I would submit this is the case in regards to Section 78 of the Police and Criminal Evidence Act 1984. The courts have been granted a tool and since its introduction have been wantonly applying it case after case. I will endeavour to argue that s.78 has been developed into the tool the courts sought as oppose to the tool they have been granted and the wording of the statute ignored. The point of s.78 has been glossed over and it has instead been utilized as if it were a subsection of s.76....   [tags: common law, Foster, applied law]

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1586 words | (4.5 pages) | Preview

The Australian Legal System Of Justice And The Legal Profession

- Introduction The Australian Legal System encompasses a distinct adversarial court system which serves to enforce the primacy of the rule of law through its hierarchical structure. It is built upon the continuously developing system of common law, perceived as ‘the greatest achievement of Western Civilisation’, enticing to uphold justice and ensure confidence in the judiciary. This report will discuss the validity of the statement through exploring the two tiers of justice, equal access to justice, and the legal profession....   [tags: Lawyer, Law, Judge, Common law]

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741 words | (2.1 pages) | Preview

Legal Analysis For Medical Malpractice

- LEGAL ANALYSIS 1. Which law(s)/statute(s) or regulation(s) is the issue in your article held to. The article I chose is not directly associated to any particular law or regulation. The time constraints placed on pharmacists can lead to errors being made and a potential case for medical malpractice against the pharmacist. Medical malpractice can occur when a professional makes a mistake or error when acting within his or her scope of practice, which leads to harm or damages to another person. The pharmacist could then sue the company they are employed with for the use of performance metrics that hindered their ability to provide effective care to their patients....   [tags: Law, Common law, Law of the United States]

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1899 words | (5.4 pages) | Preview

Justice And Barbarian Societies : Justice

- Justice in Barbarian Societies Justice is the basis upon which the laws of a society are built. To examine a particular society in depth, it is imperative to appreciate their understanding of justice. There are certain limitations to understanding past societies. The best and most accurate way to surpass these limitations is by examining a society’s law. The law shows who and what were most important to these ancient people. Barbarian societies created a customary law, which ensured safety and governed the actions of the clan members....   [tags: Sociology, Law, Common law, Civilization]

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1148 words | (3.3 pages) | Preview

Technical Difficulty Regarding Codification And Codification

- 2- Technical Difficulty Regarding Codification The codification had fierce resistance, since several opponents argued that the codification process would change the legislation, hence it was not clear enough how the interpretation would be exercised whenever the language employed in the statutory statement differed from the ones employed to define common law principles and rules. Therefore, for some, the codification would thwart development and would necessarily lead to increase in overall costs since directors need to pursue advice when enactment first takes place....   [tags: Law, Common law, Obligation, Duty]

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1093 words | (3.1 pages) | Preview

The Defence Of Illegality Debars

- Introduction - The defence of illegality debars claimants from being given remedies or rights that they might have otherwise been entitled to. This essay will argue that whilst the defence is justified on the grounds of public policy; it must be reformed to ensure that it is coherently applied. This essay will critically evaluate the approaches taken by the common law toward the defence. This essay will conclude that whilst the judiciary has taken rational and adjustable approach to its application there is much ambiguity when it comes how they arrive at their decisions; the underlying rationales of judges are varied and complex....   [tags: Law, Common law, Plaintiff, Judge]

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1966 words | (5.6 pages) | Preview

A Claim By Two Daughters

- A claim by two daughters’ was brought against Mr Jones, their deceased father’s solicitor for professional negligence in failing to follow their father’s instructions as to the distribution of his will. On March 1986, Mr White, their father, had asked the solicitor to remove his two daughters from the will after a dispute. Then, he asked the solicitor to change the will to allow for the transfer of £9000 to his daughters. The solicitor failed to change the will upon the father’s latter instructions....   [tags: Law, Tort, Negligence, Common law]

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1832 words | (5.2 pages) | Preview

Lord Diplock And Lord Steyn

- Both Lord Diplock and Lord Steyn have at some point taken a negative view towards the doctrine of privity, the former described the privity rule as “an anachronistic shortcoming that has for many years been regarded as a reproach to [the] law ” and the later declaring it has having “no place in our more complex commercial world ”. The decisive case that establishes the doctrine of privity of contract is Tweedle v Atkinson , where the courts ruled that there is no legal entitlement conferred on third parties to an agreement nor are third parties able to derive any rights from that agreement nor subject to any burdens imposed by it....   [tags: Contract, Common law, Contract law]

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1304 words | (3.7 pages) | Preview

Historical Origin Of Equity As A Distinct Aspect Of The English Legal System

- Discuss in brief the historical origin of equity as a distinct aspect of the English legal system and its subsequent merger with the common law. In order to understand equity in its entirety, one must discuss the historical background of common law and how it was developed. Prior to the Norman inquest in England in 1066, England was ruled by Anglo Saxons. Their legal system consisted of small kingdoms which had differing legal rules. Their legal rules was written and recorded in code language, taken from the Romans....   [tags: Common law, Equity, Judge, Jury]

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1186 words | (3.4 pages) | Preview

Breach And Its Consequences : The Protection From Personal Accountability

- Breach and its Consequences Any director who breaches his/her of duty is liable to reimburse the business for any damage or loss, which the company has faced as a result of the breach. In the majority of circumstances, the actions of the directors will be considered the actions of the business itself, hence being in consistence of the principles of company law. Therefore, any failure committed under this principle, will be considered a failure of the company itself and not of the director. However, the protection from personal accountability is not an absolute, thus, any person performing as a director should be cognizant that there might be both civil and criminal consequences whenever they...   [tags: Law, Common law, Corporation, English law]

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1077 words | (3.1 pages) | Preview

Electronic Fireworks : A Sole Proprietorship For Two Years

- Introduction Acme fireworks have been operating as a sole proprietorship for two years, selling fireworks, and putting on ground displays and large aerial display fireworks. Initially, the business was operating as a sole proprietorship, but based on future business engagements, its operations will increase tremendously. As such, the current ownership model is not feasible, and there will be need to expand more workers and the scope of the operations. It is, therefore, necessary that the owner adopt a business form that can give him access to more any business liability Any sale if classified as sale of goods for exchange is governed by the UCC....   [tags: Contract, Common law, Tort, Void]

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1126 words | (3.2 pages) | Preview

How Crooks And Criminals Had Taken Advantage Of The Advancement

- This chapter began with the description of several ways in which crooks and criminals had taken advantage of the advancement in technology these days. This chapter elaborated on how the emergent of computer and technology as a whole has opened another level of fraud, theft, and embezzlement for criminals, using different dimensions. Companies, each day are loosing their trades secrets to cyber criminals, while individuals identity are compromised through identity theft. However, the chapter emphasized that laws, policies, regulations and methods in dealing with the perpetrators of this criminal acts are insufficient and inadequate up till date....   [tags: Law, Common law, Fraud, Civil law]

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805 words | (2.3 pages) | Preview

The Republic Of Suriname : A Democracy System Of Government

- Introduction Suriname was originally a territory inhabited by tribes of Arawa Native Americans. The English began a plantation in the early 17th century but a fleet of Dutch West India Company captured the colony leading for the English to perform an exchange for what was left of their part of the land of Suriname for what is now New York City. After the exchange, the Dutch ruled the colony and it was designated as one of the constituent countries of the Kingdom of the Netherlands. In November of 1975 Suriname became independent leaving the Kingdom of Netherlands and becoming a member of the Caribbean Community (CARICOM)....   [tags: Law, Common law, United States, Civil law]

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1274 words | (3.6 pages) | Preview

The Purchase Of The Technology

- The purchase of the technology by Monterey Pty Ltd Crosby and Stills breached fiduciary duty to act in good faith and proper purpose (Malcolm CJ in Chew v R) under the subjective test, which overlaps with S181 (ASIC v Adler). Because they convinced the other director not to buy the retro-technology and Pono-format technology after they have been told that the initial testing of these two technologies had proved extremely successful (ASIC v Maxwell). They took the company’s opportunity, because the Pono-format technology was in fact bought by Monterey Pty Ltd, whose share capital was held in equal proportions by Crosby and Stills....   [tags: Fiduciary, Stock, Shareholder, Common law]

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1015 words | (2.9 pages) | Preview

Definition Of Statutory Interpretation And The Interpretation Of A Statute

- When implementing statute laws, Judges and the courts may use a method called statutory interpretation to decipher the meaning of the words, and what law the statute is asking them to apply before making their judgment. Over time, the judiciary has developed four rules to help in the interpretation of a statute. They are the literal rule, the golden rule, the mischief rule and the purposive approach. Any one of these rules can be referred to if Statutory interpretation is necessary in a legal case, where a Statutes meaning and purpose is not entirely clear....   [tags: Common law, Law, Case law, Statutory law]

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1098 words | (3.1 pages) | Preview

International Financial Transactions Take Place Between Varieties Of Jurisdictions

- Introduction International financial transactions take place between varieties of jurisdictions which may belong to any of the existing legal families. Each legal family emerging in their own ways, with their respective philosophies are bound to have differences. For the purpose of this essay we shall look at whether in the current legal environment, in the context of set-off and netting do these differences matter or not and in case of any differences, if they are only based on terminology. To begin it is of use to identify main legal families....   [tags: Common law, Law, Bankruptcy, Civil law]

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1621 words | (4.6 pages) | Preview

Should Legislation On Joint Enterprise Be Altered Within The British Legal System?

- Should legislation on Joint Enterprise be altered within the British legal system. What is Joint Enterprise. Joint Enterprise is a common law based on judicial precedence that enables two or more people to be charged and convicted of the same crime regardless of whether they are truly guilty of performing it. The Joint Enterprise law is over 300 years old and facilitates for two groups of people to fall under its sentencing; principles and secondary parties. The principle is the main perpetrator of the crime committed, usually planning the offence and being at the forefront of when the felony is being carried out....   [tags: Crime, Criminal law, Law, Common law]

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1155 words | (3.3 pages) | Preview

Japan, China, And The U.s.

- apan, China, and the U.S. have the three biggest market based economies in the world. While the U.S and Japan are developed nations, China is still developing. China and Japan are influenced by Eastern culture while the U.S. comes from Western culture. China and Japan are also group oriented while the U.S. is focus more on individual. Today, the U.S use the Constitution, while the Japan uses the Meiji Constitution, and China uses the Communist Party as the foundation for social regulation and control (Jiang, 2013)....   [tags: Common law, Law, Civil law, Police]

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2026 words | (5.8 pages) | Preview

The Issue Of Jury Nullification

- Alright, let 's do this. Burdens: Let 's start by establishing these. We have equal burdens. It is my burden to show that the usage of jury nullification, on the whole, presents a net detriment. It is Pro 's burden to show the opposite. Thus, it is not my burden to present a case that seeks to end the right to jury nullification. So, as I 'm not seeking to end this right, the right itself isn 't up for discussion. I must only show that its usage is generally harmful to justice. Building on that, I also need not argue that jury nullification is harmful in all instances, just as it is not my opponent 's burden to show that every instance where jury nullification is used is beneficial to justi...   [tags: Law, Jury, Justice, Common law]

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1565 words | (4.5 pages) | Preview

The Geographical Distance Between Continental Europe And The United Kingdom

- The geographical distance between continental Europe and the United Kingdom measures 21 miles, although there is little territorial separation many opposing features evolved. Whereas, much of Europe has developed codified constitutions, the UKs constitution has been described as 'partly written and wholly uncodified ' (Budge et al, 1998). The framework of Constitutional statutes, the Royal prerogative and Constitutional conventions, only completely forms the British constitution in conjunction with the underpinning doctrines....   [tags: Common law, Law, Precedent, Stare decisis]

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927 words | (2.6 pages) | Preview

The Legal Spaces Of Empire : Piracy And The Origins Of Ocean Regionalism

- Benton, Lauren. “ Legal Spaces of Empire: Piracy and the Origins of Ocean Regionalism.” Comparative Studies in Society and History vol.47 no. 4, (Oct. 2005). 700-724 Lauren Benton (a history professor at New York University) discusses the connections between the legal strategies of mariners in the late seventeenth century and the early eighteenth century while illustrating the divisions between the Atlantic and Indian oceans as separate legal spaces in “Legal Spaces of Empire: Piracy and the Origins of Ocean Regionalism.” Benton hopes to prove in her essay that pirates affected Atlantic legal politics and the relationship between the Mughal Empire and European nations in the early modern...   [tags: Law, Common law, Atlantic Ocean, Ocean]

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929 words | (2.7 pages) | Preview

Physician-Assisted Suicide as It Applies to Current U.S. Policy

- Physician-Assisted Suicide as It Applies to Current U.S. Policy 1.1 Definition of the Problem As people in the United States assume more active roles in their personal healthcare and the healthcare policies of the country, debates concerning individual autonomy in healthcare begin to emerge. Among these debates is one contemplating the legality of physician-assisted suicide. The United States federal government has deemed this medical procedure an act of homicide, but some states have instated certain policies allowing the procedure....   [tags: healthcare, common law, federal law, murder]

Research Papers
2733 words | (7.8 pages) | Preview

The United Kingdom As A Democratic Society

- The United Kingdom as one of the remaining monarchies of the world, which head of it, the Queen Elizabeth II, has powers that provide an essential evolution of the country. These powers, are called Royal Prerogative powers. Obviously, British people respect the Royal family and additionally the queen, nevertheless they could have their own beliefs as seen on their references. According to the Royal Prerogative (“RP”), it is definitely the most historically and continuing tradition of Britain. In some situations, circumstances tend to disappear them and replaced them by other recent means....   [tags: Law, Democracy, Separation of powers, Common law]

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1796 words | (5.1 pages) | Preview

The Legal System Of The United States

- Overview While the overwhelming majority of legal cases cycle through the judicial system by settling out of court, courts remain crucial to the orderly operation of American society (Friedman, 1984). The court system as we know it is not unique to the United States. The American legal system is the result of the synthesis of other legal traditions brought on by early immigration, with elements of Dutch, Spanish, English, French, and even Native American law within the system. Perhaps most definitively, due to English colonial supremacy, the American system to most closely resembles the English legal system (Friedman, 1984) English Example From the English legal system, the American court sy...   [tags: United States, Law, Common law, Appeal]

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1215 words | (3.5 pages) | Preview

Defence Of The Scottish, And By Comparison, Global Legal Systems

- As a forward-thinking, diverse nation we pride ourselves on many things one of which is our justice system. Scotland has always sat out with the rest of the world in its own characterisation of law. Yet, in recent times in a push towards efficiency we’re eradicating time and resource wastage, we’re supporting alternative ways of solving our disputes but at the cost of the values our system was designed upon. We’ve allowed ourselves to enter into a world where private personal interests of lawyers have caused the abandonment of justice and public service....   [tags: Law, Common law, Civil law, Jury]

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905 words | (2.6 pages) | Preview

The Laws And Customs That Dictate A Community Is The Foundation For Keeping People Humble And Obedient

- Laws and customs that dictate a community is the foundation for keeping people humble and obedient. Social justice is a reoccurring theme within ancient civilizations, where a person needs to learn from their status in life to become one with universal truth. Hammurabi’s code is considered the oldest form of written laws to date, and written within King Hammurabi’s Code is the concept of retaliatory justice also called lex talionis. For example, under this system law number 197 states, “If he break another man 's bone, his bone shall be broken” ....   [tags: Law, Common law, Sociology, Civil law]

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1638 words | (4.7 pages) | Preview

Differences Between The Libyan Legal Systems And The Uk Legal System

- THE SIMILARITIES AND DIFFERENCES BETWEEN THE LIBYAN LEGAL SYSTEM AND THE UK LEGAL SYSTEM. Rabi. H. Khamis.   There is no doubt that the legal system is the only way to organize the societies as well as it is different from country to another , in addition a significant role has been played to developing and dominating the relationship between countries .furthermore ,the organization of relations between people At the present time approximately all countries a following specific legal system and that trapped between two type systems, namely the Latin and the Anglo Saxon....   [tags: Law, Common law, Court, Appeal]

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1207 words | (3.4 pages) | Preview

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