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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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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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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 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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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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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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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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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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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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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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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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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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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]

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Sieyès’ Problem Of Foundational Definitions

- The arguments for Sieyès thesis of law legitimately concerning only what all citizens have in common, and the law not targeting particular individuals rely on one foundational definition. This is ability to discern who is part of the nation and who is not. After showing that his arguments supporting his thesis rely upon the ability to say who the nation is, I will then critique his definition by arguing it does not encapsulate the nation fully, and is therefore ineffective as a definition. To achieve this I will argue that his conception of the nation is unsuccessful on two accounts: it leaves people out from representation, and that it cannot stand independently due to its circular logic....   [tags: thesis of law, common, citizens]

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Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction

- Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction The main sources of law in the common law jurisdiction are statutes and the doctrine of judicial precedent. In the European Union (EU) the main sources of law are the treaties and various forms of secondary legislation (regulations, directives, and decisions), judicial precedent does not apply in the EU. As of 1st January 1973 EU law has had effect in the UK as a result of the European Communities Act 1972....   [tags: European Union Essays]

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Common Sense Justice

- Commonsense justice and jury instructions are placed together to exemplify the informative and the response between the two; like the “analytic and beneficial”. Conjoining these two objectives, gives them “instructive potential for the law;” with the verdicts of not guilty, or hung juries, and jury nullification. These two objectives are “more likely the failure of jury instructions,” [slightly] than the “failings of jurors.”” (Norman J. Finkel, 2000). Both of the objectives have a teaching method that gives jurors no time management and no chance to comprehend the differences....   [tags: Law]

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Employer's Liability in Tort's Law

- Employer’s Liability. Employer’s liability is a section of Tort Law that deals with the liability, employers’ have for occupational injuries to their employees arising from their negligence. At the start there was a slow start to impose liability in negligence on employers in relation to injuries to their employees. This meant there was little protection for employees within their workspace in respect to health and safety. Employer’s liability didn’t occur until the early part of the nineteenth century....   [tags: common laws jurisdiction]

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Modern Law in Australia

- ... Precedents are also created if a dispute arises in the actual interpretation of statute laws. In these situations, judges attempt to clarify these ‘gaps’ or misunderstandings in the law (Statute and Common Law, 2014). For example, the case of de facto relationships and the Property Law Amendment (1999) had to be adjudicated due to them not being recognised despite having similar issues (child support, property rights etc). Decisions are made through the ‘ratio decidendi’ which is the legal reason for the decision and the ‘obiter dicta’ which are comments made on the case that are not relevant and therefore not binding (e.g....   [tags: common, precedents, statute]

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Lack of Rule of Law in China

- Aristotle once stated, “The rule of law is better than that of any individual.” The essential characteristics of rule of law are: the supremacy of law, meaning both the government and individuals are subject to the law; a concept of justice that emphasizes interpersonal adjudication, based on importance of standards and procedures; restrictions on discretionary power and exercise of legislative power by the executive; independent judiciary, judicial precedent and common law methodology; prospective, not retrospective legislation; and underlying moral basis for law....   [tags: International Law]

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Where is International Law Heading?

- 1. Introduction International law can go through substantial changes if the privileged legal subjects, states, share a common will. Whenever the circumstances are such, the actors can convene a conference and after a series of negotiations, they might conclude an international agreement among themselves resulting in a new setup of international law. From a procedural point of view, therefore, it is rather simple to ‘make’ international law. If the substantive elements significantly overlap (i.e....   [tags: International Law]

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Subjects of International Law

- In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations....   [tags: International Law]

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Evolution of Law

- Evolution of Law The government our nation has established today has come a long way from its roots. Starting with the Napoleonic Code and eventually ending with the Ratified Constitution of the United States. Rome came to England bringing the Roman Code, thus law begins. The Roman Code was a rigid code that in reality did not change much. It required ample detail and was difficult to understand at times. For example, if there where five different murders all using five different colored knives....   [tags: Law]

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The Purpose of Criminal Law

- Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations....   [tags: Criminal Law Essays]

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Where Does Law Come From?

- Where does law come from. Law has been defined in many ways by various leaders and thinkers but there is no universal definition. There are numerous sources and the English legal system adopts the rules derived from these various sources to form the English law. Sources of law include common law and equity, legislation, and international conventions such as the European Convention of Human Rights (ECHR). It must be noted that customs or constitutional conventions are not law. It is a common misconception that customs or conventions are law....   [tags: The Origin of Law]

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Conflicts of Law and Science

- Introduction Forensics is directly defined as something “used in the court of law” (Komar, Buikstra, 2008, p.44). Although forensics is defined in this manner, there is an ever-growing conflict between the needs of the law (e.g. the criminal justice system) and the capabilities of particular fields in forensics, specifically forensic science. Forensic science is currently at the forefront of importance in assisting law enforcement in solving crimes; yet it is a field that is constantly altering and advancing in procedures and mechanisms e.g., the technological advancements that have added to the aptitude of forensics and also established a ‘new’ field within forensics (Murphy 2007)....   [tags: Forensic Science, Law Enforcement]

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The Role of Consideration in the English Law of Contract

- Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law....   [tags: English Law of Contract]

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Australian Contract Law Should Be Codified

- Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered....   [tags: legal issues, law system]

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Tort and Contract Law

- Civil Law is a branch of law that matters itself with disputes that involve private parties, or negligent acts that cause harm to others. This is in contrast to criminal law which is invoked for the public purpose. Under civil law, there are remedial awards unlike in criminal law which is punitive in nature. These remedies can either be under tort or contract law. To understand the civil liabilities and or remedies demanded between Andy, Sam and Bob, this can only do so if there is an appreciation of the existence of a contract between them....   [tags: Civil Law, contract, civil liabilities]

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Administrative Law in Australia -- Notes on Natural Justice

- NATURAL JUSTICE <ol> <li value="1"> Natural justice concerns human rights e.g. a right to procedure <li value="2"> Denial of natural justice is a ground of review against an administrative decision: ADJR Act ss.5(1)(a), 5(1)(h)(3), 6(1)(a) and 6(1)(h)(3) => ss.5(1)(a) is a distinct and independent ground of review <li value="3"> Natural Justice usually applies to courts, and Procedural Fairness is the issue when extended to administrative bodies. </ol> Procedural fairness 1 The three rules: hearing rule, the bias rule and the no evidence rule....   [tags: Law]

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Criminal Law Basics

- “ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law: • Constitutional law – body of law that includes guidelines and rules used to ensure the correct meaning of the constitution....   [tags: Criminal Law Essays]

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Soft Law and Ombudsman

- Soft Law and Ombudsman Introduction Not all ombudsmen might know that they use the Soft Law toolbox. This paper aims to show how they do it and that the fluid system of the bottom-up building of norms is appreciated both by public and administration. What is Soft Law. The difference between “normal” laws and Soft Law is that the latter is not a product of a legislative body: Soft Law is a bottom up developed standard that through different processes becomes a legal standard, often a result of a negotiation process....   [tags: legistative, norms, system, expert, law, case]

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What is ‘Land’ in Law, and Why is This Important?

- In this essay, the significance of the concept of ‘land’ under English law is critically evaluated through reference to the statutory definitions of ‘land’ provided by the Law of Property Act 1925 and the Land Registration Act 2002 and the approach of the courts in determining locus standi to assert rights against a third party and in reconciling competing interests in the same real property. The main statutory definition for ‘land’ is provided by the Law of Property Act 1925, stating ““Land” includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings… and other corporeal hereditaments; also a manor, an advowson, and a rent...   [tags: english law, land charges act]

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How Law is Made and Interpreted in France, China and Indonesia

- Outline How Law is Made and Interpreted in French Civil Law System French Civil Code of 1804 Sources of French Civil Law Doctrine How Law is Made and Interpreted in China Confucianism Legalism How Sharia Law is Made and Interpreted in Pluralist Indonesian System How Law is Made and Interpreted in French Civil Law System The civil law is a branch of private law governing relations between people, whether individuals or legal entities (Sacco, 1991, p.25). It comprises of: 1. The law of obligations (including contract law); 2. The right people; 3. The family law; 4. The right of property; 5. The law of succession....   [tags: Transnational Law Essays]

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Introduction to the Study of the Law of the Constitution by A.V. Dicey

- The "rule of law" is an English concept which formulated in the 1500s as a means of describing whom had the authority to govern over another. Since its initial creation, the "rule of law" phrasing became more universal thanks largely to the work of A.V. Dicey in his 1885 work "Introduction to the Study of the Law of the Constitution." In this writing, the rule of law concept was further defined with three essential principles: -No man can be punished via goods or body unless a distinct breach of the laws is established in the court system where they are established....   [tags: rule of law, power]

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Unveiling the Roots of English Law: The Great Charter

- The Magna Carta (the Great Charter) has now existed for almost eight hundred years and is still one of the most important historical documents in deciphering the idea of human freedom and equality in England. On June 1215, after his inability to “contain” an insurrection, King John signed the Magna Carta, under the pressure of a group of Norman barons. Unlike his predecessors, John was unsuccessful in war; his military was a failure both at home and abroad. John angered the barons in England by abusing his power of patronage....   [tags: english law, historical documents]

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Literature Review: Prediction of Henry’s Law Constant

- Introduction An informal definition of Henry’s Law states that the solubility of a compound in a solvent is directly proportional to the partial pressure of the compound in the vapour phase, at low partial pressures. In a plot of concentration dissolved vs. partial pressure, the slope of the curve is the Henry’s Law Constant (HLC). The system is taken to be at equilibrium; that is the Gibbs free energy is at a global minimum so the macroscopic properties of the system are static. Unfortunately this definition is often too simplistic to be used in most practical applications for reasons which will be explained later....   [tags: Henry’s Law Constant]

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Tort Law: Adam and Callum

- In tort law there is negligence and within this there is the duty of care element, which helps to decide if compensation should be emplaced. The concept of negligence is a difficult one and has been broken into three separate parts: · Duty of care owed by the defendant to the claimant · Breach of that duty of care · Damage caused to the claimant as a result of the defendant's breach in duty of care. All three parts have to be present before negligence can be proved. One requirement for proving the tort of negligence is that a duty of care exists between the claimant and the defendant....   [tags: Tort Law]

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The Purpose of Tort Law in the Irish Legal System

- In this essay I will endeavour to outline what the intended purpose of tort law is in the Irish legal system and how it has come about over centuries. I will include a brief outline of the meaning of tort law and the different kinds of Tort, I will also include a brief summary of the sister laws of tort, that being criminal and contract law. The word tort is the equivalent of the French word that means ‘wrong’. This word ‘tort’ was derived from the Latin word ‘tortum’, translated this means twisted, crooked or wrong....   [tags: legal issues, english law, normans]

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Misrepresentation In Business Law

- Introduction to Business Law- Assignment 1B Advise TLC Ltd. as to any possible action they may have for misrepresentation against answer Ltd. ____________________________________________________________ _________ Treitel in The Law of Contract (2003) defines a contract as: "An agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties." This quote illustrates the basic criteria for a contract....   [tags: Business Law]

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Roles And Functions Of Law In Business And Society

- Roles and Functions of Law in Business and Society Introduction William O. Douglas said, "Common sense often makes good law." Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions. What is law. According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated....   [tags: Business Law]

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How Effective is Trademark Law in the Context of Online Disputes?

- The Irish Trade Marks Act 1996 describes a trade mark as being any graphical representation (words, designs, letters, numerals and shapes of goods or their packaging) “capable of distinguishing goods or services of one undertaking from those of other undertakings” . Trade Mark Law stands to uphold the rights of ownership and use of such distinguishable properties. With the advent of the World Wide Web and increasing access availability, online trading has become very important to the world of commerce and as such the provisions of traditional trademark law have come under duress....   [tags: domain name, trademark law, online trading]

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1882 words | (5.4 pages) | Preview

Exploration of English Criminal Law

- The British legal system convicts or acquits criminals based primarily on two principles - actus reas (guilty act) and mens rea (guilty mind). In order for an unlawful situation to arise, both these conditions must be present. The actus reas of a crime deals with the circumstances and consequence of the crime whilst the mens rea is considering the state of mind of the person committing the crime. A hypothetical situation would be one of D intending to kill X and subsequently carrying this out - D would have both the actus reas and the mens rea and could be trialled....   [tags: Criminal Law Essays]

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1787 words | (5.1 pages) | Preview

Australian Coporate Law

- Common wealth Government regulates the Australian business law. In Corporation Act 2001 (Cth) the law was mainly codified. The common wealth was found to have less authority in the formation of companies in Australia, Section 51 was only facilitating the foreign companies and providing enough authority, the federal Government create a new law for companies. The corporation Act 2001 is the largest Act in the world, it is the law of common wealth government. The primary purpose of the Act is on companies but some other law related entities like partnership and managed investment....   [tags: Legal Law]

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1828 words | (5.2 pages) | Preview

Australian Consumer Law within the Competition and Consumer Act 2010 (ACL)

- Australian Consumer Law is a uniform law nationally, meant to protect the consumer and help them have a fair trading environment. It has three general protections which are; specific bans on unconscionable conduct in some business transactions and consumer transactions, and a general ban on unconscionable conduct in commerce or trade, a general ban on deceptive or misleading conduct in commerce or trade, and a provision that nullifies unfair contract terms in consumer contracts . This paper is a discussion about Australian Consumer Law, focusing on what it is, how it is applied, the difference from the previous law, its sections; specifically section 18, the effect on State laws, and its lim...   [tags: australia, consumer law, state laws]

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1948 words | (5.6 pages) | Preview

Education: Will the Federal Government Encouraging States to Adopt the Common Core Curriculum Ensure a More Educated Nation?

- The federal government encouraging states to adopt the Common Core curriculum will not now, nor will it ever, ensure a more educated nation. The Common Core represents a federal takeover of our education system and will compromise the future of the United States. The Common Core mission statement is flowery, embellished, and designed to mislead the American public. The Common Core State Standards provide a consistent, clear understanding of what students are expected to learn, so teachers and parents know what they need to do to help them....   [tags: Common Core Curriculum, Students]

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1143 words | (3.3 pages) | Preview

The Civil Law and The Religious Law

- In the world the legal system are based on one of three basic systems. There is Western law which is divided into civil law and common law. Then there is Religious law. Each country has its own unique legal system that they include variations of civil, common and religious law. Some have a combination of all three. Civil Law are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture....   [tags: catholic church, christians, discrimination]

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1051 words | (3 pages) | Preview

The Hunter, the Elephant and Tort Law

- Decisions, decisions, our lives are made up of them. From deciding to pay for a passing a red light ticket to deciding to stop at a yellow light for once. We can attest that good or bad, there will always be corresponding consequences for our actions. In our modern society the hunter’s acts could be considered negligence. In the story “The Hunter and The Elephant,” the hunter’s negligence led him to experience a destruction of everything that he had. According to Business Law Today in order for someone to be considered negligent four requirements need to be satisfied: duty, breach, causation, and damages (Leroy 115-118)....   [tags: business law, negligence]

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604 words | (1.7 pages) | Preview

International Law

- Introduction: International law has been regarded throughout history as the main system of rules regulating players of the international community, it applies to all states and imposes specific obligations and rights on nations, just as domestic law imposes them on individuals. Its purpose is similar to that of domestic law that is to eliminate chaos in the International community and set standards of behavior which states must follow in their dealings with each other. Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power...   [tags: International Law Justice]

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1405 words | (4 pages) | Preview

Natural Law and Civil Law

- Leviathan as bearer of supreme authority and nationals who posses certain inalienable rights. We should draw attention to Hobbes’ reasoning about natural law and civil or positive law. According to Hobbes they both match with scope, form and content. However, natural law, which is impartial, equitable, legitimate, and moral in natural state is not the law itself; it just disposes people to peace, mercy, and obedience. Natural law is the laws that have existed and will exist forever. Governors and judges come and go, but natural law will exist forever because it is divine law....   [tags: supreme authority, Thomas Hobbes]

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918 words | (2.6 pages) | Preview

History of Criminal Law from the Roman Justice

- With the name of "dogma of the completude", a phenomenon appears of the medieval roman tradition - from the times where the Roman law goes being, to the few, considered as the Right for excellence, of a time for all statement in the "iuris Corpus" -, that it compelled the jurist and the Judge to trust the sufficiency of the legal system - without necessity of if helping in the fairness -, workmanship of an infallible State in the construction of the system, capable of foreseeing a rule for each existing case and that porventura came existing....   [tags: Criminal Law Essays]

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3626 words | (10.4 pages) | Preview

Criminal and Civil Law in the English Legal System

- One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court....   [tags: Criminal Law Essays]

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1288 words | (3.7 pages) | Preview

Role of Police Reports In the Law Enforcement Community

- A discourse community is a community that shares common goals, language, and genres. Law enforcement officers belong to their own discourse community in which they are united in their overall purpose: to protect and serve. An oath they take when sworn in as officers. Law enforcement officers seem to speak a common language that, to a civilian, is foreign. We’ve all heard the famous “10-4” comment for “understood” or “got it” on police shows and in action movies. Pretty much everything that comes out of an on-duty officer’s mouth is in some sort of code....   [tags: Law Enforcement 2014]

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1000 words | (2.9 pages) | Preview

Sir Isaac Newton's Law Of Universal Gravitation

- Gravity if one of the four fundamental forces in the universe. Though the fundamental principles of it eluded scientists until Sir Isaac Newton was able to mathematically describe it in 1687 (Eddington 93). Gravity plays a serious part in everyday actions as it keeps everything on the ground; without gravity everything would be immobile unless a force was applied (then it would move infinitely because there would be no force to stop it). Perhaps, the best place to start then would be with such a simple item as an apple (after all it is what "sparked" Newton's creativity)....   [tags: Law of Universal Gravitation Essays]

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1214 words | (3.5 pages) | Preview

Law and Statue Law

- Step 1 The area of law the question is associated with is statute law. The case in question concerns the breach of the local law 36 which states “A person shall not dispose of metals or metallic particles into soil, areas of vegetation, waterways, sewers, drains or similar areas. Penalty: $3000.00”. Yvette, a student sells artworks in her garage in her private residence. The chromium paint she uses contains a small amount of aluminium and while the paint can is being cleaned, some paint may escape the can and flow into a water trough which is not used....   [tags: Four Step Process, Laws, Streets, Systems]

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1518 words | (4.3 pages) | Preview

Supremacy of European Union Law Over National Law: The Factotame Case

- The establishment of the European Union gave birth to various institutions, which bring order and reform to member states. One of these institutions which is extremely important the European Court of Justice as it interprets the laws of the European Union and makes sure that all the laws are applied in the same with in all of the European Union countries. Aside from interpreting laws it also settles legal disputes between the European Union government and the various institutions in the European Union....   [tags: European Union Law]

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1473 words | (4.2 pages) | Preview

Megan’s Law: Protection or Invasion of Privacy

- Megan’s Law: Protection or Invasion of Privacy The controversy over Megan’s Law has always been about the invasion of privacy of past sex offenders who must register with local authorities who make the information available to the public. There are different mediums of which the information is disclosed, the internet being a hot topic of the on-going argument. Megan’s Law was placed with the intentions of protecting communities from convicted sex offenders committing more crimes. In 1994, seven year old Megan Kanka of New Jersey was sexually assaulted and murdered by her neighbor who had previously been a convicted sex offender....   [tags: U.S. Law]

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1195 words | (3.4 pages) | Preview

The Pervasive Influence of Women in Law Enforcement

- This paper will go over the pervasive influence of the female gender in Law Enforcement. It will go over the challenges and some solutions to those challenges. The paper will also show how females and police departments overcame some of these challenges. THE CHALLENGES FEMALE FACE IN LAW ENFORCEMENT Police Departments years ago would only hire women for clerical roles such as filing and doing paper work or dispatching. The civil rights act change all that making it possible for women to hold the same jobs as the men in law enforcement....   [tags: law enforcement, police department, nawlee ]

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650 words | (1.9 pages) | Preview

The General Law of Privacy and The Law of Appropriation

- The general law of privacy discusses various torts, which focus on an individuals right to refrain from providing any personal information that he or she does not wish to publish. Within the law of privacy there are four privacy torts that can result in damaging an individual’s reputation. These torts include intrusion, false light, private facts, and appropriation of name and likeness. Of the four, appropriation is the most controversial. The law of appropriation of name and likeness gives a plaintiff the right to sue a defendant for using their image or name without permission in terms of commercial purposes....   [tags: personal information, advertisement]

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1114 words | (3.2 pages) | Preview

The Rule of Law

- The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted....   [tags: fair legal system]

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1531 words | (4.4 pages) | Preview

Intellectual Property (IP) Law and the Media and DBC Television’s Issue

- Intellectual property law refers to the rules that protect copyrights, property patents, and trademarks, and through which the property owners exercise the rights they have over the intangible assets they develop. These intangible assets include symbols, artistic, literary works, and musical works, phrases, words, inventions and discoveries (Dutfield & Suthersanen 2007, p. 267). The most commonly recognized intellectual property rights include trademarks, industrial design rights, trade secrets, patents, and copyrights....   [tags: International Law]

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2170 words | (6.2 pages) | Preview

Reasons for Defining and Criminalizing Terrorism in International Law

- Terrorism is focused on a one-sided belief that dictates massive destruction of institutions, foundations and national symbols. It represents a philosophy, which does not comply with common sense. Terrorism acts are a matter of individual psychology, relentless ideology, religious commitment, or political passion. The most devastating terrorism attack in the United States was on September 11, 2001. Other U S attacks were the Manhattan attack in 1997, the Anthrax attack in 2001, a prior World Trade Center attack in 1993, the Wall Street Bombing attack in 1920, and the Kalama City bombing in 1995 (Askshintala, 2013)....   [tags: Terrorism and International Law]

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2708 words | (7.7 pages) | Preview

Law Of Contracts

- Contract Law: In the commercial world, goods or services are normally purchased for consumption or resale. First the buyer and seller will negotiate the terms of the purchase, and then they must enter a transaction which will result in the sale. The parties to such transactions include commercial undertakings, public corporations, local authorities and private individuals, but the legal mechanism by which they transact is always the same: they enter a ‘contract'. Freedom to contract for a greater range of goods and services is crucial to the market economy....   [tags: Legal Law Contracts]

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1331 words | (3.8 pages) | Preview

Private Law and Civil Law: What is a Contract in Australian Law?

- ... Although most of the contracts are done verbally but there are some requirements of how should a contract be maintain valid in which the most important two are Firstly there should be acceptance of offer by both the parties and secondly there must be something in exchange like the goods, services or promise. Here, the question arises that does a contract needs to be written. Written agreement of the Contract is a wise decision to made, some of the state laws requires written agreement of contract for certain dealings....   [tags: legal system, case study]

Term Papers
1672 words | (4.8 pages) | Preview

The Consensus Theory of Criminal Law

- The consensus theory of criminal law contents that society finds its own way and it is product of social needs and values, it also serves the interest of society at large. Rules are for the community to control themselves and to put order. If a crime is committed it is punished by what the society considers appropriate. The significance of that crime has to be evaluated by the same society as well as the punishment itself. The notion of acceptable behavior needs to be set and established by society itself....   [tags: Criminal Law Essays]

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587 words | (1.7 pages) | Preview

Dichotomy Between International Law and Domestic Law

- The key question addressed is the dichotomy between domestic and international laws and the reasoning of these disparities. This essay will also elucidate reasons that realist standpoint on international law are valid. Firstly, subjects of the law; generally the subjects of the international law are states which may hold and exercise rights while citizens are known as the subjects for the domestic law. Essentially, legal personality who has rights and duties under international law or national law should be taken into consideration....   [tags: misconduct, creations, sovereignty ]

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772 words | (2.2 pages) | Preview

Evaluating The Obscene and Indecent: The Evolution of Indecency Tests in Canadian Law

- The interpretation of the obscene and indecent has changed greatly over the years in Canadian law. The courts evaluate potential criminal offences, under the Criminal Code of Canada, using tests to see if they are obscene or indecent in the eyes of the law. Though there is no explicit definition of obscenity in the Criminal Code, it can be interpreted to entail any materials or actions that fail to satisfy the prevailing test. Formulating a concrete test to be used in all of the relevant cases has proven difficult, with many modifications being made as the views of society change....   [tags: canadian law, criminals]

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1706 words | (4.9 pages) | Preview

Constitutional Law and its Contemporary Challenges: Speech, Search and Warrants

- Constitutional Law was created as the chosen way to preserve the United States of America Constitution, ratified by Congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all Americans. However, as times and generations have passed, the U.S. Constitution remains the supreme law of the land. Among the most contemporary and controversial elements are the challenges of evolving interpretations of the freedom of speech, and search warrants, which have both had a major impact on society....   [tags: Essays on Constitutional Law]

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2532 words | (7.2 pages) | Preview

The "Stand Your Ground Law" Should Not be a Law

- Seventeen years ago, in a small town towards the southern part of Oregon, Springfield, a well-known mechanic went into a fast-food restaurant, walked behind a man who was eating lunch, and shot him in the back of the head. There had not been any sign of altercation that the man who was shot was carrying a firearm. But the shooter thought that the dead man had threatened his daughter. A local lawyer said that the dead man was in fact “a violent man, a drug dealer by trade.” Some people believe that the shooter should have left the case to the police, the local lawyer said, but the victim should also have “moderated his behavior.” George Zimmerman, a neighborhood-watch volunteer/wanna-be cop,...   [tags: Florida, Civil Rights, Defense]

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586 words | (1.7 pages) | Preview

Is the Study of Roman Law Relevant?

- Is Roman Law a relevant area of study for modern society. Introduction to Roman Law. Today, in the 21st centaury there are two great legal systems with origins in Europe; the Civil law system that was largely derived from Roman Law, and the Common Law system of England. Civil Law created the foundations upon which the continent of Europe and countries within South America built their legal systems. What is the difference between Civil and Common Law. Common law is a peculiarly English development....   [tags: court, legislation, cases]

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554 words | (1.6 pages) | Preview

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