Narita Sakunchotikarote
5801640615
LB100
October 21, 2015
Is modern Thai law considered a civil law system? Why? Modern Thai law is considered a civil law system because it has all the essential substances of civil law system. In this essay I will be supporting my statement by first explaining history of civil law system and history Thai law. Then I will give reasons and explain why is Thai law considered a civil law system.
Civil law system is a system with long shared history and is widely used as legal system in many countries including Thailand. The history of civil law system was inherited continuously throughout Europe and middle east countries. Civil law system has derived its main origin from Roman law or individuality Justinian
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This particular contract consequences in lost of country’s extraterritorial rights. The contract started with the English people opinion that Thailand’s way of crime investigation is cruel and unacceptable therefore they requested in the contract that any crime occur in Thailand cause by English people and those in concern with the crime right to have their trial done in England. The three seal code was the best written evidence of the pre-codification Thai law using before the time of Bowring contract. It can be divided into two types; written law and unwritten law. Some of the three seal code contracts can be compared to recent modern contracts but are not orderly arranged like the one we are using in the present. Thai law in the past was perceived by foreigners as law based mostly on religious. However foreigners found that the law suit local Thai people fairly proficiently. there were observation That the legal system at that time were both yieldingly to natural law and was done so without disregarding moral law. Even though there were trial by ordeal: putting people on a hazardous test to determine wether they are guilty or innocent and cruel punishment such as finger cutting or rock throwing. offer in the system they were not being used very often due to the people’s believe of the Buddhist religion that all people and creature should be treated respectably and
The divisions of a standard national system include courts of individual jurisdictions, trial courts, appellate courts, and the Supreme Court. What is civil litigation? Civil litigation is a dispute between two parties seeking money compensations. What are the most common discovery techniques?
The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.
Though the Alabama Constitution of 1875 came seven short years after the adoption of the previous state constitution, it came under much different circumstances. The Alabama Constitution of 1868 is known as the “reconstruction constitution” because Congress unofficially required the proper changes to be made to the 1865 constitution to be granted their seats in Congress. However, the Constitution of 1875 undid most of this progress as it came just shortly after the federal troops had left the state. The 1875 Constitution showed the desire for Alabama citizens to return to their style of government before the Civil War. Though the 1875 Constitution was not a complete overhaul of the 1868 Constitution, the changes that were made showed the strong
Typical Civil Law cases or lawsuits fall under Tort Law, Family Law, Contract Law, Labour Law, and Property Law. The main purpose of Civil Law is to compensate for harm. It is usually in the form of damages and the money awarded to a plaintiff for harm, loss, or injury. In many cases, the legal system may choose to bring in alternate dispute resolutions that can help solve civil disputes without having a formal trial. One thing the Canadian legal system can bring in is mediation to help resolve the situation.
Graduates of ABA-accredited universities cannot practice law in the state until passing the Florida Bar examination and becoming licensed. And despite those eligibility requirements remaining incomplete for several years and as previously discussed, the Florida Board of Bar Examiners advises first-year law students complete a student registration early in their first year of law school. The Board, a judicial arm of the Supreme Court of Florida conducts matters of bar admission, offers a special student registration to first-year law students through its Registrant Bar Application at a substantial fee reduction. If postponed, applicants henceforth delay the required background investigation, eventually incur higher registration fees and just might exclude themselves from eligibility for externship programs during their tenure at the college. Delayed long enough and scheduling the bar examination itself also comes into question.
Another incident involving slavery that contributed greatly on the conflict between the north and the southern states was the DRED SCOTT DECISION. The Dred Scott decision is described by (https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford) as “A landmark decision by the United States supreme court, in which the court ruled that African Americans, whether enslaved or not, could not be first class American citizens and therefore had no right to sue in Federal court and that the Federal governments had no power to regulate slavery. Dred Scott was an African American slave, taken by his master from the slave state of Missouri to the free state of Illinois and then the free state of Wisconsin. The master was moved back to Missouri, the slave state and he took Scott with him and later on the master died. The question at hand was should he be set free?
The nation’s mindset revolved around white supremacy, so African Americans were never viewed as human beings, rather, they were viewed as property and white people despised them. White males did not have any respect towards African Americans because they were considered property, so they were put to work as slaves. Once slavery was abolished and president Andrew Johnson heard that congress was planning to grant formerly enslaved people to be viewed as citizens through the passing of the Civil Rights Act of 1866, he immediately vetoed the bill. Johnson was a racist and former slave owner who said, “this is a country for white men, and by God, as long as I am president, it shall be a government for white men.” The president was the person that
The writers of the Federalist Papers were supporters of the ratification of the U.S. Constitution. Number 78 is Hamilton’s opinion on how the Judiciary Branch should be chosen and what type of character a judge should be and the relationships between the different courts. Hamilton’s view that the Judiciary Branch be independent, impartial and keep the liberty of the nation, would in fact get true Justices for the people. Hamilton stated that this branch of government is the “least dangerous.” The reason he stated this is because the judicial branch will be there to place judgement and interpretation of the laws created by our legislative branch.
The American Legal System The American legal system has been influenced by many historical rulers and laws. Three that have influenced the American legal system the most are Roman laws, moral laws and Hammurabi’s code in my opinion. One legal system that influenced the American legal system are Roman laws. I picked Roman law because it said that law has been defined as the “Art of social control”; a system of rules regulating the conduct of man.
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
Civil liberties are rights guaranteed to citizens in the Constitution that the government cannot interfere with, however, in the name of national security, they do. The government sometimes finds it necessary for Americans to give up some of their basic rights to keep the nation protected, but many people find this unnecessary. A law-abiding citizen’s extremely personal information should not be essential to finding terroristic threats within this society. Under no circumstances should an American citizen’s civil liberties be violated in a time of war or crisis, because those are assured rights that are most valuable to their freedom during national conflicts.
Ethics is described as the moral believes by which a person will conduct a specific activity. It is these moral believes between the client and legal professional that need to agree to decide the outcome of the case. This essay will handle with legal ethics regarding to being a fit and proper person, the clients needs, professional conduct, professional responsibility and the legal system in South Africa. Before being admitted as a legal professional a person needs to be regarded as being a fit and proper person to practice the noble and precise field of law. The requirement of being fit and proper is seen as one of the most important characteristics of the legal profession but is not to be found in legislation nor is it defined.
Men make laws to instill order in a society and prevent chaos in any shape or form. Naturally, laws will always be somewhat unjust because it is impossible to consistently construct laws that directly and equally benefit all members of a society. There will always be a majority that makes the laws and a minority that has to obey the laws. Although laws are usually the standard of morality by which we live by, they must be disobeyed in certain situations. These situations are, but not limited to, an undemocratic formation of aforementioned laws, laws that are inherently unjust according to human law which can be synonymous with God’s law.
The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia. There are generally two types of trials, criminal and civil. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia.