Common Law system Vs. Civil Law system The civil law system and the common law system are indeed two diverse legal systems. Most countries nowadays go with one of the two main legal structures: common law or civil law . Before starting the comparison of those two major legal system, we need to know what is law and why is it important to us.
Definition of law Law is a system of rules that are enforced through social institutions to govern behaviour. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
The contract law is considered as the state law, rather than it is considered as the federal law. Althought, the contract law is considered more as the case law, there are many numbers of statutes that are consisted of rules and regulations of particular problems of the contract law. The examples of the rules that are occupied with the contractual problems, are the Uniform Comercial Code (sale of goods) and the Tucker Act (one of the most imortant statutes on the federal level in the field of the contractual law). Every single rule made by the case law or by the statutory law is mandatory (which means that it must be follwed by the court), but other laws that are not regulated by these two kinds of laws are
OVT 2305-73005 Sherry Sharifian Feb 10th. 2018 Jun Seong Paik Civil Right and liberties Liberties and rights are the forces that all citizens can have, but they express a different meaning. Liberties from the dictionary meaning is an external constraint, a condition that cannot be tied to anything and can be done at will, and a right is a force given by law to enjoy certain life benefits. As such, liberties and rights can be felt in many ways in the dictionary meaning.
Chapter 3: Complementarity Section 1: Introduction The legal framework for complementarity as referenced in the Rome Statute is set out in art. 1, 17 and 20 of the Statute. The principle of complementarity in the Rome Statute is one of the highlights of the Statute as it regulates and addresses a very profound question that usually arises in situations where one judicial entity fulfils functions, that can be fulfilled or in actual fact fulfilled by another judicial entity. The question that arises in this regard revolves around the governance of the mutual relationship and interaction, between both entities.
Argumentative essay –Social Work- Critically discuss how knowledge of the law in social work can enable or contradict the pursuit of anti-oppressive and anti discriminatory practice. Your First name Your Last Name Course Number University Title Introduction It has always been said that knowledge is power and as such having knowledge of the law in social work will greatly affect the various practices and such help avoid discriminatory practices that may eventually occur in social work.
A constitution is a set of fundamental and entrenched rules governing the conduct of an organisation or nation, setting up its idea, character and structure. It is typically a short document general in nature embodying the aspirations of values of its scholars and subjects. (Business Dictionary, 2015). A constitution is a definitive power any action, which contradicts the rules of the constitution, will be both unconstitutional and unlawful. It helps to recognise the rights and freedoms of citizens through a bill of rights, which works both to protect citizens and to confine the power of the state.
The term civil right means the rights of citizens to political and social freedom. 2 The term civil liberty means being subjected only to laws established for the good of the community especially with regards to freedom of action and speech. 3 Individual right protected by law from unjust government to other interactions. Both terms create confusion and purpose to fight for rights and interoperates each other through different cases.
Law and morals are completely separate, the validity of law is not assessed on its morals but is assessed on its procedure. Did the people who make the law have the authority to do it? Kelsen and Hart provide two modern theories of Legal Positivism. Kelsen theory is relevant to decisions makers who wish to know what the law is, because the theory deals with the grounds for law and its validity. Hart proposes the idea of primary and secondary rules.
The most problematic component in the criminal justice system are the courts. The courts were designed to ensure that individuals have a fair trial and that their rights are upheld. The courts act as a bridge between law enforcement and corrections. Courts produce the laws that sentence individuals to correctional facilities and it is the law enforcement 's job to enforce those laws. The actors in the courts such as judges, juries, and public defenders is a reason why courts are the most problematic component in the criminal justice system.
Statutory law usually enacted by a legislative body. Unlike case law, statutory law is not enacted to resolve a specific factual dispute. However, legislative bodies make rules or laws that apply to society in general. It governs numerous aspects, including traffic, domestic relation, criminal and civil liability, corporate operation, immigration, and homeland security. The most difficult part in researching is locating the proper law when you have a factual situation or issue and trying to find the answer.
Although common-law systems make extensive use of statutes, judicial cases are regarded as the most important source of law, which gives judges an active role in developing rules. In civil-law systems, codes and statutes are designed to cover all eventualities and judges have a more limited role of applying the law to the case in hand. Past judgments are no more than loose guides. When it comes to court cases, judges in civil-law systems tend towards being investigators, while their peers in common-law systems act as arbiters between parties that present their
Such tasks include establishing attorney-client relationship, discussing/setting fees, and signing initial case evaluation letters. Rule 5.3(b) states that a supervising attorney having direct supervision over a paralegal must make judicious efforts to assure that the paralegal’s conduct is in compliance and compatible with the professional responsibilities of the lawyer (ABA, 2016). Paragraph (c) of Rule 5.3 clarifies that the lawyer is accountable for the conduct of a paralegal who violates the Rules of Professional Conduct. Violation of the Rules of Professional Conduct by Peter Paralegal and his supervising attorney is considered misconduct and a violation of Rule 8.4 which prohibits lawyers from knowingly aiding or making another to violate or attempt to violate the Rules of Professional
“it's a woman’s right to control her own destiny, to be able to make choices without the Big Brother state telling her what she and cannot do” (Supreme Court Justice Ruth Bader Ginsburg). Women have fought for their entire lives for equal rights which for some apparent reasons have not been acknowledged. Roe vs. Wade had changed the outlook on the United States and on a woman’s rights to her own body. Roe vs. Wade goes back to 1973 which was between a women who had an unplanned surgery in Texas who wanted to make abortions legal. Norma Leah McCorvey, better known as “Jane Roe” was the plaintiff in this case, after her case the U.S Supreme Court had ruled that state laws banning abortion are unconstitutional.
A nurse is someone who provides physical and emotional support for the patient, and they look at the patient as a whole and not because of their health condition whilst providing personal care and advice towards the patient and their care. The role of the nurse is to care for the patient and to look after the patient with care and compassion. The role of the nurse is to also make sure that the patient is safe from any type of harm and provide emotional support. All nurses must practice in confidence according to the code: standards of conduct, performance and ethics for nurses and midwives (NMC, 2008) and within other recognised ethical and legal code frameworks.