DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law. When law fails to perform its function properly and in accordance with principles defined; dysfunction of law occurs. For instance, if a powerful in the society is convicted by …show more content…
Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it. Precedents have a great importance in court’s decision. • Legal Sources: They are known as the instrument through which legal rules, law or principles are established: Legislature: Legislature is an essential part of state established by the parliament consisting of elected officials. Members of parliament present the bill which after thorough discussion approve or reject it. If the bill is approved from parliament, then senates looks through it and approve it with consultation, and it becomes an act. All the acts passed by governing authority can be challenged through judicial
court system operates on the origin of stare decisis (Latin for stand by things decided), which means that today’s decisions are based mainly on rulings from the past, and tomorrow’s rulings rely primarily on what is decided today. The Judicial court must still abide by its role, to interpret the law and determine if laws are constitutional. The judges and justices must consider the facts of the case, the Constitution, the relevant laws, and the courts’ own precedence when ruling on a case. Still, the court inadvertently takes into consideration external influences such as: interest groups, civilians, media, law clerks, and from local governments. Justices’ personal and political beliefs also underwrite their decision-making.
Rule of law is essentially the shared values of a people. Rule of law also means that no matter who you are Prime Minister, richest man/woman on the planet, or the most famous person alive the law is no different and that is where the whole concept of justice is blind comes
Assignment: Outline how legislation, policies and procedures relating to health, safety and security influence health and social care settings. Go on to describe how those legislation, policies and procedures promote the safety of individuals in your health or social care setting. Policies, procedures and legislation are found in every establishment. They are required to have them in place in order to protect and keep the employers, employees and service users safe. Legislations in an establishment are a groups of laws set by the government that must be followed otherwise an individual will be prosecuted.
1. A paralegal is “A person who performs certain substantive legal work for and delegated by a lawyer”. Paralegals will assist attorneys with clerical duties along with, meeting clients and keeping in contact with them, assisting in trials, take care of legal documents and proceedings, as well as planning and developing case information. To me they are the lawyers “backbone”.
(Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.
Furthermore, another disadvantage of the doctrine of the judicial precedents is injustice. The harsh rules of judicial precedents might create injustice in individual cases. Indeed, law is created basing itself on past experiences, but we should take into consideration that we are unable to build more experiences if the first case is binding. The doctrine of the judicial precedents restricts the development of the law. Since we live in a dynamic world and things are always changing, it is quite of a disadvantage to stick with a law on the experience of yesterday.
magine a world without laws, Imagine people being able to commit crimes without anything being done, Imagine how all this important information about laws and why we have them would be nothing in the world today. Crimes are committed on a daily basis, but the law does everything to help those people who are in danger of committing those crimes by stopping them before it’s too late. sometimes the crimes are committed before the law can get to them so enforcement takes the job of taking their freedom away for them. Law Enforcement is important because without it everyone would be afraid of life. Everyone needs it for as long as Humanity exists because as humans people create mistakes that can severely harm and hurt others.
Law personal statement main As a child, looking up to law-enforcers such as police officer’s has made me believe that Law is the backbone of our society. Without it, everyday life would not be tolerable. My passion for law developed when I stepped into the Supreme Court and watched a court case in the Old Bailey.
In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray
The Introduction The precedent is a decided legal case, which is used as a basis for deciding later similar cases. The English Law system is a legal system where the precedent has a great weight. This law system can be subdivided into two main interrelated branches: statute (or statutory) law and common law. Statute is an Act of Parliament, which starts its life as a bill, goes through the parliament, receives royal assent and becomes law.
As a member of society, there will be times where we would need to break the law in an important occasion. The laws were made for our society to be safe and they also serve as a protection of an individual’s rights. Laws prevent people from getting hurt or getting into situations they might regret later in their lives. But there will be scenarios where we would need to break the law for our protection, protection of our family, or in a state of an emergency. Breaking the law would be acceptable if lives are in danger or to prevent an even more serious law being made.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
Legislation, in other words, deals with the body of rules and principles which are used to construct the correct meaning of legislative provisions to be applied in practical situations. The use of these principles/rules is necessary for the following reasons: the written and spoken words are imperfect renderings of human thoughts in the case of legislation, the courts are obliged to use specific rules of interpretation to construe its meaning. . The orthodox text-based