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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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Criminal Law And Civil Law

- There are two types of law in the U.S. judicial system: criminal law and civil law. Civil law is considered as a law that is designed to address private wrongs. “A private citizen who believes that he or she has been injured in some way by another may sue that party for damages” (Hemmens, Brody, & Spohn, 2013). Civil law as stated before is the settling of disputes between private citizens since many disagreements can arise concerning anything from property, contracts, and even personal injuries....   [tags: Criminal law, Law, Civil law, Civil law]

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The Law And Civil Law Systems

- Deciding Cases in the Common Law and Civil Law Systems I Problems with Retroactive Rule-Making Retroactive rule-making is applying a legal rule or law to conduct that has already occurred before the making of the rule. What makes the rules of a legal system legitimate is justice. People need to know the law and what it is so they can follow it. Legal systems frown upon or may prohibit retroactive rule-making because it does not enable people to predict the legal implications of their actions or behaviour....   [tags: Common law, Law, Appeal, Judge]

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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

- Common law is “judge made-law” and “includes law by judges when they interpret law (lecture notes, 11/16)”. Common law authors trusted that “natural law was too abstract and theoretical for their pragmatic, concretely focused minds…simply out of touch with concrete human affairs (Coleman 593)”. Therefore, common law was developed. Common law has various aspects than the basic definition would anticipate. One imperative attribute is the progression of common law. Common law logicians believed that the law was constant, and they believed that looking into the law deeper and relying on reasoning would give an answer....   [tags: Law, Jurisprudence, Judge, Common law]

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Why Law Is Law?

- Law is Law In order to determine whether something is legitimately law or not, one must first determine what exactly law is; something that theorists such as Hart, Aquinas, Austin and Fuller have been arguing about for generations. While it is easy enough to argue who can make law, how it can be made, and so on, it is a little bit more difficult when it comes to deciding whether a bad law, such as the The Law for the Prevention of Offspring with Hereditary Diseases put into effect in 1933, among many other laws which were put into effect during this time by Hitler as Germany’s sovereign, is indeed actually law....   [tags: Law, Appeal, LAW, Political philosophy]

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The Code Of The Law

- A system of law generally starts out with norms that have been agreed upon by the people. People learn to recognize deviant behavior and decide that it should be dealt with in some form of punishment. The code of Hammurabi dates back to the eighteenth century B.C. and is one of the earliest law codes in Western culture. This was a code of laws that was given by the gods as a system of divine guidance. The laws of Moses came about in 1250 B.C. and were also considered divine guidance to the people....   [tags: Law, Common law, Criminal law]

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Law And The European Union Law

- Societies need the help of rules to keep order and respect among its population. With the passing of years, the law, which was and is an indispensable tool to regulate peaceful coexistence within any country, has been changing for the purpose of adapting to the evolution of moral rules in the society. This fact enables all citizens of the same country to feel protected by same rules, most commonly known as laws. That is the reason why all people should be aware and understand how our society is regulated and what the rights and duties of ordinary citizens are....   [tags: Law, Common law, Court, High Court of Justice]

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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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Natural Law And Human Law

- Natural law can be considered to be the root of human morality and Aquinas’s idea of a Natural law implies that it is divine, immutable and eternal, but also very general with many grey areas. The fact that natural law is very general causes us humans to create human laws that are created to handle specific cases, which natural law may not be able to find a just solution. According to Aquinas Natural law is to “general” to handle the many different situations that can be found in the legal system and human law allows us to find a clear and just answer with minimal errors; which is not the case with natural law....   [tags: Law, Human rights, United Nations, LAW]

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Memorandum of Law

- 1. RIGHT OF PRIOR NOTICE OF THE CHARGES TO BE USED AGAINST THE OFFENDER IN COURT Prior notices of charges against an offender in court are provided for in the Fourteenth Amendment of the Process and Equal Protection Clauses. The appellants argument that he was not notified of the charges held against him in reasonable time are covered by the provisions of the Fourteenth Amendment of the Process and Equal Protection Clause. Accordingly, the Fourteenth Amendment provides that advance notice that a criminal accusation will follow a substantive offence is not a requirement....   [tags: Law]

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Outline Of The Law Of Law

- Aims of Law There are many laws in today’s society that are considered controversial, this includes new laws that are trying to be enacted as well as laws that are already in place. One such law that has come up here in Colorado is the Personhood law. This was on the ballot as Amendment 67, it is also known as the "Brady Project" The supporters and proponents of the proposed Amendment 67 called it the "Brady Project" or the "Brady Amendment" in honor of Heather Surovik 's unborn child who was killed in a car accident when she was eight months pregnant....   [tags: Morality, Law, Religion, Ethics]

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The Impact of Tort Law

- Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved....   [tags: Law]

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The Civil Law And Common Law Tradition

- Legal codes in the judicial system is the key distinction between the civil law and common law tradition. It is the supreme source of justice in a society and is meant to provide the common good for a society. Whether or not a country is governed by a civil or common law code greatly influences the role of the judiciary system. Including the presence and role of judicial review. Given these points, civil law clashes with the theory of individualism, therefore this tradition could not work in the American system....   [tags: Common law, Law, Civil law, Judge]

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The Canadian Law And Public Law

- Law is a product of history which is still happening. There are so many factors that have contributed to the development of law which include customs, religion, judicial decisions, legislation etc. The Canadian law got its roots from British, French and US legal system. Canada got its governance in 1867 when “ The British North American Act, 1867” was passed and it created section 91 and 92 , which gave powers to federal and provincial governments. Since then, thousands of statutes have been shaped in different areas of regulation of family laws, labour laws, taxation laws, criminal laws are few to say....   [tags: Law, Drug addiction, Notary public]

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Common Law V Customary Law

- Common Law v Customary Law: The Case of Takamore Takamore v Clarke The Supreme Court’s decision in Takamore v Clarke raises the question of whether New Zealand permitted Ms. Clarke (the partner and executor of Mr. Takamore) to dispose of his body. When Mr. Takamore died, his body was taken by his extended family, and buried, against the wishes of Ms. Clarke. The judges of the Supreme Court agreed to dismiss the appeal by Ms. Takamore (sister of Mr. Takamore). As such the Supreme Court ordered the body to be exhumed and reburied in a place agreed to by Ms....   [tags: Common law, Law, Jury, English law]

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Law and Ethics: Accountability

- Scenario 3 Paul is a midwife manager working on a very busy postnatal ward. The ward is very short staffed and he feels that resources are overstretched resulting in midwives cutting corners, deteriorating standards of record keeping and women being sent home too early due to pressure on beds. Paul has reported this to his line manager but has been told that in the current economic climate there is nothing that can be done. Paul informs his line manager that he is planning to go to the media to express his concerns about care in the unit if conditions do not improve....   [tags: Law]

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Business Law Is A Very Complex System

- Most people know that the law is a very complex system. Which it is, complex. Business Law is just as complicated as normal law, but in my opinion business law is more important and can have more effects. Businesses are already complex to run so understanding business law is a little more complex and can have more of an effect. There are laws that must be followed in a business or there can be grave consequences to said business. A lot of laws involving employees, health codes, and overall safety rules....   [tags: Law]

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Law Enforcers And Its Effect On Law

- contravene laws, Jackson et al. 2011). For instance, society might regard various laws that govern them as legitimate when they perceive the legal and justice system and its authorities as promoting suitable standards of conduct, (Jackson et al. 2011). Consequently, such legitimacy pertains to the perception that various enacted laws are supposed to be complied with not as a result of external endorsement, rather because they are the correct behavioral standards, (Jackson et al. 2011). Society may confer legitimacy on law enforcers not merely due to the law enforcers’ adherence to standards of good behavior, but rather because it perceives the law enforcers as representing certain normative...   [tags: Ethics, Police, Morality, Law]

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The Law And Its Effect On Society

- Law is of essence within a thriving society. Its many functions maintain a balanced equilibrium. Since the beginning of civilization, there has constantly subsisted a certain structure setting a model of behavior that should be followed. It comes naturally to the human as it typically initiates with moral obligations. Through advancements, law continues to develop with the formation of added regulations in reach of an ideal humanity. Erstwhile, law was seen through a conventional lens. It was old fashioned, strictly conceptual and abstract....   [tags: Law, Judge, Common law, LAW]

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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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Customary International Law

- According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73)....   [tags: Law]

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The Role Of Equity Law Over Common Law

- Law is usually, a structure of rules that are enforced and backed by the cohesive power of the state to govern and control the social order. Fundamentally, the law is formed through legislation, binding of precedents, decree and regulations. These sets of rules are further segregated into criminal law, civil law, common law & equity and Religious laws. This essay will discuss the origin of law and examine the usefulness of equity law over common law, analyse weakness of common laws and distinguish in the way that these two jurisdictions operate....   [tags: Common law, Law, Equity, Jury]

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Primary And Secondary Sources Of Law

- The difference between a mediocre attorney and a great attorney, is their ability to do great research. Researching anything is a process; thus, legal research is the process of finding which primary law applies to a client’s problem. There are certain guidelines an attorney must follow when researching in the field of law; their goal to win their case in court with only the research they found. There are also different sources of law that require different approaches to research. There are primary and secondary sources of law....   [tags: Common law, Case law, Law, Precedent]

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Law And The Law : Law System And It 's Holder Meet Certain Requirements

- It has become fairly commonly agreed that the law is best obeyed, ask your neighbor, your parents, your teachers, your colleagues, or a stranger on the street and there is a good chance that they will tell you the law should be respected. However, the very fact that we even have jails and prisons means that this is not a universally agreed upon opinion, at least not in practice. But surely the laws in place are there for the better of our people. So why would anyone disobey. Surely they are just selfish and raised incorrectly....   [tags: Law, Political philosophy, LAW, John Locke]

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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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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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The Legal System Of The Law

- Society has rules that govern everything we do. There are rules for the workplace, for games, for social clubs, for sports and for adults.  What we should and should not do is told to us by rules imposed by morality and custom.  Laws are rules made by the state or the courts. Our behavior is controlled by laws that resemble morality. Laws are enforced by the courts, not by moral rules, and you can pay for damages or go to prison if you break the law.[1] Fairness is a goal of the law. Certain basic individual rights and freedoms such as liberty and equality are protected by the law....   [tags: Law, Common law, United States]

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Law Enforcement and the Rights of the Accused

- Law Enforcement and the Rights of the Accused   Law Enforcement and the Rights of the Accused In this paper, I will discuss Amendments VI, V, VI and VIII which give rights to the accused. I will also examine how these rights affect law enforcement procedures. I will then give details on which law enforcement agencies each amendment affects and how. Amendment VI gives the people the right against unreasonable search and seizure. It also states that a warrant has to be signed by a judge and cannot be issued without probably cause....   [tags: Law Enforcement]

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Law Should Be Influenced By Religion

- The purpose of this essay is to discuss whether religion should ever impact criminal law. The question of if it is desirable for religion to impact criminal law is endemic. Advocates of a strict application of the separation between church and state may eschew any notion of this being desirable. However, it is submitted that religion impacts criminal law and vice versa. To deny this would be erroneous. In a religious plurality, the law has a fastidious task of treating religious groups equally – the State must not give a preferential treatment to one particular religion....   [tags: Law and Religion]

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The Principle Of English Law

- The common law is usually called the law established on the basis of judges’ decisions, therefore, judgments and decisions made by judges play an important role in crystalizing the source of law in common law countries. This nature of the common law derived from a doctrine that has developed officially since the 19th century, namely ‘the doctrine of precedent’ or ‘stare decisis’. This doctrine has been seen as ‘the cornerstone of a common law judicial system’ in general since it was approved as a compulsory principle of English law....   [tags: Common law, Law, English law, Judge]

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The Strengths and Weaknesses of International Law

- Even after decades of relatively established pattern for the relations between the states there is still an ambiguity on the issue of state sovereignty. To which extent its’ violation could be justified. In the study of International Relations there are two major perspectives on the legitimacy of such actions, they are: liberal and realist. Whilst former advocates for this measures when the state itself violates human rights of the citizens and extended intervention is required (Kegley, 259), latter claims that the state sovereignty is the central assumption of this theoretical framework (Kegley, 28) and the actions that might infringe it are not legitimate....   [tags: International Law]

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Law Enforcement Officers and Their Families

- Law Enforcement Officers and Their Families The law enforcement officers who protect and serve the local communities have and live stressful lives. How stressful is the occupation of a law enforcement officer in their job and in their personal lives than other occupations. How hard would it be to be a spouse or loved one of a law enforcement officer. Does the public know what goes on in a law enforcement officer's job life and the life of their family. Could the average person handle the daily stress that takes place in the lives of law enforcement officers....   [tags: Law Enforcement ]

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Use of Force in Law Enforcement

- When a law enforcement officer uses force on a subject it will be classified into one of three main categories which are, justifiable, excessive, and deadly force. The authority for law enforcement officers to use force comes from the United States Constitution (case law), state statutes, and department policy. Law enforcement use of force is very important because it involves the patrolman on the street, the corrections officer in jails and prisons, and the courts where excessive use of force cases are held....   [tags: Law Enforcement]

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Law Enforcement in The Community of Shartlesville

- January is the start of a New Year; a time when many are celebrating their New Year’s resolutions and enjoying a day off from work. This year, the community of Shartlesville, Pennsylvania had no such luck. I woke up that day and almost swallowed my toothpaste (not to mention my toothbrush). I looked out the window of my bathroom to see the door to my Ford Explorer wide open. I ran out the front door, shoe-less, to take inventory. The Garmin GPS unit, a gift I received for Christmas, was missing....   [tags: Law Enforcement]

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The Future Of Law : Are You Ready?

- The Future of Law: Are You Ready. Due to recent events happening in North Carolina, attorneys are getting a glimpse of what the future. 1. Avvo is offering limited legal services to consumers online. 2. Legal Zoom filed a 10.5-million-dollar antitrust lawsuit against the North Carolina State Bar which was settled last year. Part of the consent order that resulted from that lawsuit requires both parties to “mutually support and use best efforts” to pass House Bill 436. HB436 will further define the “practice of law.” Companies like Legal Zoom and Avvo have increased their market share through the use of technology to meet the needs of consumers in a different way....   [tags: Lawyer, Law, Innovation, Practice of law]

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The Law Of Trespass And The Laws Of Nuisance

- Introduction I have been asked to advise Jim, Tom and Mary as to what possible remedies they have in their current dilemma with the private school that their properties adjoin to. I will be addressing the law of trespass and the law of nuisance in my opinion to them. Trespassing ‘A trespass is an unjustified, direct interference with land in the possession of another and is actionable per se without proof of actual damage. ’ In the case Browns v Dunsmuir, it explains that “trespass to land occurs when a person without justification causes anything to enter upon land which is in the possession of another....   [tags: Tort, Tort law, Law, Nuisance]

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Lawyers Are Dissatisfied With Practicing Law

- Despite the many economic and societal benefits associated with being a lawyer, such as wealth and prestige, scholarly literature reports that many lawyers are dissatisfied with practicing law. Current attorneys, former lawyers, law professors, and law students debate the various reasons for this lack of satisfaction. Certain scholars attribute low satisfaction to the increasingly high demands placed on legal professionals after entering practice, while others believe the lack of satisfaction is due to pessimistic attitudes promoted inside and outside of legal culture....   [tags: Law, Lawyer, Practice of law, Paralegal]

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Law Firms Of The 21st Century

- Law Firms of the 22nd Century E. Michelle Kershaw Webster University Abstract The field of Law is a systematic practice that has not change much since its inception. As we embark upon the 22nd Century so must the field of Law. While many practices are ritualistic in their nature, they must make way for technology in addition to younger lawyers entering the field with a variety of skills sets. Lawyers must now make accommodations for technically savvy clients that have access to a wealth of information....   [tags: Law, Lawyer, Management, Law firm]

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The Newest Technology in Law Enforcement

- The license plate reader, LPR is a mobile plate hunter that comprises of a camera(s) placed on the outside of a squad car that is then connected to a computer database inside the squad car. The plate hunter has the capacity to recognize the character on a number plate and rapidly relay the information to the database computer that would verify of the owner or the automobile has any record or if the vehicle has been reported stolen/missing. This ability is even possible when the squad car is moving at 75 mph and can check up to 3, 000 number plates within an hour....   [tags: Law Enforcement ]

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The Evolution Of International Environmental Law

- The Evolution of International Environmental Law Human beings have the motivation to protect what they believe is important in their lives. From protecting their own family to their country; they look for their country’s well being. In modern times nations developed to have peaceful relation when interacting with each other, each seeking their own well being. International laws started emerging though history. More recently, when states started figuring out their well being of their environment formed an important part for their people’s well being it became another subject that needed to be under protection....   [tags: Law, United Nations, Environmental law]

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Application Of The Law For The Facts

- Application of the Law to the Facts When attempting to assess the strengths of Greene’s Jewelry’s arguments in court, it is important to compare it to other case law or regulations. Greene’s breach of confidentiality argument is further reinforced when compared with the prior New Hampshire Supreme Court case involving the National Employment Service Corporation v. Olsten Staffing Service. This case involved determining the validity of restrictive employment covenants, and whether the contract was legal....   [tags: Employment, Law, Termination of employment, 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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Assessment Of The Law Of Obligation

- Summative Assessment of the Law of Obligation. Part A Question 1 The problem question here focuses on the rules of offer and acceptance of postal communication. An offer is an expression of willingness to contract on specific terms made with intention while acceptance is the unequivocal indication by an offeror to an offeree that he is willing to commit himself to a contract on the terms of the offerors offer. The legal issue raised here is when was a contract made between Eugenia and Carla under the postal rule for it to be enforceable....   [tags: Contract, Tort, Contract law, Law]

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Understanding And Meanings Of Law

- The usual perception of law to most individuals is a world in which many factors and external beings control a fixed system and its failure to inhabit equality and justice. The understanding and meanings of law have different definitions on social relations which explains why the common thought in mind when asked about the law is in regards to a speeding ticket or encounters with the law enforcement. However, people perceive the law differently based on their everyday life and how it effects their life in the long-run....   [tags: Law, Lawyer, Common law, Judge]

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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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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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The Law and Social Change

- The legal system we abide by has generally served its purpose by providing order and justice in most situations that need legal obedience. However, on the premises of producing social change, the system has not proven to bring changes in society. Perhaps justification for this is explained by Clarence Darrow who argues that the law applies to and favors specific types of social classes. Robert Cover addresses how punishments from judges may counteract their purpose. Karla Fischer and her peers, along with Jackie Campbell’s “Walking the Beat Alone,” show how law has objectives to serve society, but do not supply social change and in fact hinder its progress....   [tags: Law/Sociology]

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My Paths into Law Enforcement

- My Paths into Law Enforcement There are many different career paths that make up the professional field of Law Enforcement in this country and around the world. It has been a dream of mine to be part something that is bigger than myself, that offers the opportunity to help the community I live in. To me, Law Enforcement offers me that chance. It is also the closest thing to the military that I believe will allow me to put to use what I have learned and experienced from my time in the U.S. Army....   [tags: Law Enforcement]

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The Law Is Justice

- WEEK #3 The gist of the law is justice, and its purpose is the common good. The content of social work is the correction and prevention of injurious relations, and it’s aim in common with that of the law, is the public well-being (Rome, 2013, p. 1). From the beginnings of the Charity Organization Society in England in 1869 there was a movement to break the cycle of poverty. Jane Adams, Nobel Prize recipient in 1931, focused her efforts on the settlement houses in Chicago in the early 1900s, and later community organizing and activism....   [tags: Sociology, Social work, Law, Social justice]

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The Issue Of Criminal Law

- I have been interested in law ever since I was a little kid. It was not until I was in middle school did I know I wanted to go into criminal law. Criminal law has always been interesting to me because I am fighting for someone who does not have a voice. Some people might say I can do that for every other type of law, but that is not necessarily true. With criminal law there is the always the possibility that the person will end up in jail. I will be a prosecutor who is able to help get Justice for a victim, by representing the state....   [tags: Lawyer, Law, Common law, Prosecutor]

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Why Law Is The Foundation Of Society And Without The Law

- I believe that law gives our society structure. The law is the foundation of society and without the law, we would live like barbarians; there will be anarchy with no rules to guide us. As society develops the law develops with it, which is proven in the psychological definition of crime which changes as societies views change. Studying Law will help me grasp an understanding of the laws which govern us. By making use of the powers of analysis, criticism, persuasion, oral and written communication, I can assist people in overcoming injustice....   [tags: Lawyer, Law, Barrister, Judge]

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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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Procedural and Substantive Law

- Introduction The current paper identifies the particular issues of substantive and procedural law in cases of use of force against states. Submitted for assessment are all the legal issues related to the United Nations (UN) and the International Court of Justice (ICJ), with reference to four specific cases: the United Kingdom of Great Britain and Northern Ireland vs. Albania, Nicaragua vs. the United States of America, the Democratic Republic of Congo vs. Uganda and lastly, the Republic of Guyana vs....   [tags: statutory law, criminal and civil law]

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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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1300 words | (3.7 pages) | Preview

Jury 's Law : Jury Nullification

- As indicated by Duhaime 's Law , Jury Nullification implies the startling force of a jury to issue in opposition to the law as connected to the demonstrated truths. Jury Nullification is lawful in the United States. Jury is a gathering of residents in which they are called members of the jury. They will arbitrarily specifically and pick the jury in which they will be given the ability to choose. Jury invalidation happens when a jury returns a decision of "Not Guilty" regardless of its conviction that the respondent is liable of the infringement charged (Linder,2001)....   [tags: Law, Jury, LAW, Not proven]

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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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1539 words | (4.4 pages) | Preview

The Twelve Tables Of The Roman Law

- The twelve tables of the roman law a document detailing laws in Ancient rome that the people went by. Code of Hammurabi was harsh penalties document in Babylon during king Hammurabi reign. Code of Assura document penalizing women for cheating or hitting husband but if proven men were also found guilty. All these laws help as a hole to shape today’s world. twelve table of Rome and code of Assura, Hammurabi are different as twelve table of rome is democratic law and allowed to defend yourself in court while code of Assura, Hammurabi is to break law you are given harsh penalties and man was seen higher than women....   [tags: Law, Roman Empire, Code of Hammurabi, Roman law]

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The Concept Of The Nature Of Law

- Throughout this paper I will identify and discuss five philosophers as well as their theories on the concept of the nature of law. The five philosophers that I will be discussing are as follows; John Austin, H.L.A. Hart, Lon Fuller, Joseph Raz and Thomas Aquinas. I will also be answering three key questions about each philosopher and their philosophy. John Austin viewed law as a legal positivism, which is a term that separates moral rules of positive law, and suggested, “Where there is law, there are patterns of commanding and obeying” (Murphy, Mark 2006, p....   [tags: Law, Legal positivism, Natural law, Jurisprudence]

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Federal Law Enforcement Careers

- Many people studying in the field of Criminal Justice should choose their career carefully. There are many interesting careers that are arising as the years pass by. To become a successful employee you need to be able to fulfill many requirements, qualifications, and trainings. A probation officer’s has many duties to fulfill. They are not only supervising the offenders that live within the community, but by monitoring probationers’ progress. The offender must stay away of any trouble, yet comply with the rules and regulations required....   [tags: Law Enforcement]

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The Law Of The Justice System

- The law is meant to protect citizen and also to let the citizen what you can and cannot do, but not all laws are good and because of technology is changing and advancing fast, the law is slow to revise and keep up with the change. The law is designed to put bad guys in prison and the good guys out of jail, but the law is not perfect and some times the law put good guys in jail and keeps the bad guys out on the street. Criminal law is basically the foundation of the justice system. The law tells citizens what we can do and cannot do, help police officers to make an arrest, and it also involves taking criminals to prison....   [tags: Law, Criminal justice, Crime, Criminal law]

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1329 words | (3.8 pages) | Preview

The Seven Principles Of Criminal Law

- The Seven Principles of Criminal Law When examining crime, it can sometimes be difficult to tell where to start. Distinguishing a crime from a non-crime can seem like a simple task, but the criminal justice system has several guidelines that answer the question, “What constitutes a crime”. This is the first and most fundamental question in all of the criminal justice system. It is of the utmost importance to determine who has committed a crime so, if found guilty, that individual can be punished and justice can be given to the victim....   [tags: Criminal law, Law, Criminal justice, Police]

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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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A Brief Note On An Unjust Law Is No Law At All

- 1A. An unjust law is no law at all. 2A. A law that uplifts human personality is just, a law that degrades human personality is unjust. 3A. All segregation laws are unjust because segregation distorts the soul and damages the personality. 4A. Segregation laws are not laws and therefore do not need to be followed and can be broken. 1B. Laws come about through democratic processes and their lawfulness stems from the democratic process in which all peoples are represented in a vote. 2B. Segregation laws were set up in Alabama by voters....   [tags: Democracy, Law, Plato, African American]

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Tort Law : An Element Of Tort

- According to In Brief helping with life’s legal issues, “trespass to the person is an element of tort law which covers wrongs done to an individual. [And] can exist even if the victim suffers no physical harm…There are three main wrongs which fall under the umbrella of trespass to the person: assault, battery and false imprisonment. They are intentional torts, meaning they cannot be committed by accident, therefore, they are civil wrongs and not criminal wrongs.” As stated by Winflield and Jolowiz on Tort 14th Ed., page 58, defines Battery as: “the intentional and direct application of force to another person.” As well, such application of force should be without the consent of the victim a...   [tags: Contract, Tort, Common law, Tort law]

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887 words | (2.5 pages) | Preview

Effectiveness And Effectiveness Of Law Enforcement

- Effectiveness and efficiency correlate when discussing law enforcement. By definition, effectiveness is described as, “The degree to which objectives are achieved and the extent to which targeted problems are solved. In law enforcement, there are many problems that are faced on a daily basis. Being effective, one must analyze for a problem, target the problem, make changes to alleviate if not eliminate the problem, and determine how those crimes or issues resolved in a measurable way. In contrast to efficiency, effectiveness is determined without reference to costs and, whereas efficiency means "doing the thing right," effectiveness means "doing the right thing.” http://www.businessdiction...   [tags: Police, Law enforcement agency, Law enforcement]

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974 words | (2.8 pages) | Preview

The Law Enforcement Of Public Trust

- right. In all but the rarest of cases, rogue cops convicted of betraying the "public trust" can discard any expectation of sympathy when standing before a sentencing judge. One of the simplest things to do and it requires is hold the law enforcement personnel accountable for actions deemed to be in the wrong. Examples of bribes, getting out DUI’s, abusing their power to name a few. According to the law everyone is to be treated fairly and equally. If a moto with police leaders was to believe that our profession must be held to a higher standard that would be such a positive example while showing no one is above the law....   [tags: Police, Law, Law enforcement and society, Camera]

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962 words | (2.7 pages) | Preview

Taking A Position On Privacy Law

- Taking a position on privacy vs security is a bit like throwing darts in the dark and having only a vague idea of where the board actually is. In matters of privacy and security, the world has changed in countless, unforeseeable ways since they were first taken up by America, or any other nation for that matter, and they will undoubtedly continue to change as society moves forward. Of course, doing nothing to resolve this issue simply isn’t an option, so even someone as uncertain as myself will admit that we must do something, even if there is a large risk of it being the wrong thing....   [tags: Privacy, Privacy law, Law, United States]

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1596 words | (4.6 pages) | Preview

The Legal Representative Of The Law

- “Most lawyers, people knows from TV shows or cop shows, are those litigation lawyers. Every day, they prepare themselves for the dog-fight that is going to happen in a court room. They need to rush into the investigation rooms before the police has a chance to ask any questions. While this is certainly the case for some lawyers, most lawyers doesn’t not do that line of work.” This is what James said to me the first time we met, when he invited me to his office on a Thursday morning. James is a corporate lawyer, which means that most of the work he does is to be the legal representative of a big company trying to invest their money in some way....   [tags: Lawyer, Law, Corporate lawyer, Law firm]

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1030 words | (2.9 pages) | Preview

Law Office Of William Sayegh

- 1) Law Office of William Sayegh is a  personal injury law firm out of San Dimas, California.  The firm specializes in premise liabilities, car accidents, motorcycle accidents, pedestrian accidents, dog bites, construction site accidents, and wrongful deaths. The business also handles cases involving… The firm services San Dimas, California and surrounding areas. Established in 1991. 2) Law Offices of Aman Shah is a  personal injury law firm out of Brea, California.  The firm specializes in premise liabilities, car accidents, motorcycle accidents, pedestrian accidents, dog bites, construction site accidents, and wrongful deaths....   [tags: Law, Lawyer, Bar association, Commercial law]

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1344 words | (3.8 pages) | Preview

A Common Law Marriage Under Kansas Law

- Question presented Did Oscar Roger and Margaret Frost meet the qualifications for a common-law marriage under Kansas law. Brief Answer Yes. For there to be a common law marriage under Kansas law “the marriage agreement need not be in any particular form” there just needs to be a present mutual consent to the marriage between the parties. see In re Estate of Antonopoulos, 268 Kan. 178, 993 P.2d 637, 192 (1999). Both Oscar Roger and Margaret Frost would often refer to each other as husband and wife....   [tags: Marriage, Family, Common-law marriage]

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1671 words | (4.8 pages) | Preview

A Common Law Marriage Under Kansas Law

- Question Presented Did Oscar Roger and Margaret Frost meet the qualifications for a common-law marriage under Kansas law. Brief Answer Yes. For there to be a common law marriage under Kansas law “the marriage agreement need not be in any particular form” there just needs to be a present mutual consent to the marriage between the parties. See In re Estate of Antonopoulos, 268 Kan. 178, 993 P.2d 637, 192 (1999). Both Oscar Roger and Margaret Frost would often refer to each other as husband and wife....   [tags: Marriage, Family, Common-law marriage]

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1671 words | (4.8 pages) | Preview

Under Hamilton Statutory Law Common Law Marriage

- Under Hamilton statutory law common law marriage is defined as an agreement to be married, living together after agreement to be married, and they present each others as that they were married, is there a common law marriage when the couple have discussed being married, live together after the discussion, and not correcting others when they are referred to as a couple. STATEMENT OF FACTS: Our client, Windsor Hadley and her companion Jackson Conway are high school sweethearts who have reunited....   [tags: Marriage, Family, Common-law marriage]

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1620 words | (4.6 pages) | Preview

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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1940 words | (5.5 pages) | Preview

The Legal Systems Of A Common Law System

- Worldwide, the legal systems of nearly all countries are generally modelled upon five main types: civil law, common law, customary law, mixed or pluralistic law and religious law (CIA, 2015). In the CIA’s listing, Australia’s legal system is described as a “common law system” based on the English model. Historically, the common law system began in England in the 11th century with the establishment of Kings Courts by William the Conqueror. The courts presided over local disputes where local customs were applied to make decisions....   [tags: Common law, Law, Civil law, Judge]

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1402 words | (4 pages) | Preview

A Controversial Issue Regarding The Law

- A controversial issue regarding the law has been whether it is ever right to disobey the law. Some people would argue that it is not always morally wrong to disobey the law. From this perspective, laws that are considered immoral or unfair hinder society through unnecessary restrictions. However, others argue that it is never right to disobey the law. Socrates, who maintains this view, discusses the issue of obeying laws in Crito by Plato, arguing that a citizen “[has] undertaken, in deed if not in word, to live [their] life as a citizen in obedience to us [the Laws]” (271)....   [tags: Ethics, Plato, Law, Morality]

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1283 words | (3.7 pages) | Preview

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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1456 words | (4.2 pages) | Preview

The Treatment Of Women Of Chinese Law

- The treatment of woman in Chinese law is a complex subject, open to many interpretations. For any given passage, one can drawn a number of conclusions, some of which may be true, others of which may be false. Nonetheless, some things stand out. And so, I assert that the understandings of justice in Late Imperial China was dedicated to the maintenance of the current social order Furthermore, the treatment of women in Chinese law backs up this conclusion, and is but one piece of evidence in a mosaic of evidence supporting this conclusion.....   [tags: Morality, Law, Ethics, Sociology]

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1121 words | (3.2 pages) | Preview

The Law Office Of Burke

- The law office of Burke, Schultz, Harman, & Jenkinson is nestled within a business park just off of the main road that runs through Martinsburg, West Virginia. It is a small office, and would be easily missed if it were not for two billboards on either side of the business complex that boast “We Play Hardball” – a slogan known to almost everyone within the greater tri-county area in the eastern panhandle of West Virginia. D. Michael Burke, Lawrence Schultz, Ron Harman, and Mark Jenkinson are arguably the most well-known personal injury lawyers in this part of the state due to effective advertising on billboards and the internet....   [tags: Law, Lawyer, Practice of law, Personal injury]

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1626 words | (4.6 pages) | Preview

The Decision Goes Against Law

- On the other hand - Rightly decided Authors and legal professionals all mostly argue that the decision goes against law and is therefore wrong, there is, which I consider, a strong argument for it being right. Statute is our supreme law and it is thus constitutional that parliament has complete sovereignty when it comes to our legal system. To that effect judges are only there to apply and interpret the law. This brings forth the question of, why wouldn’t we apply the Contractual Mistakes Act 1977, when parliament enacted it to help the courts to mitigate arbitrary effects of mistakes on contracts....   [tags: Contract, Law, Common law, Contractual term]

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795 words | (2.3 pages) | Preview

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