Common law Essays

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    Civil Law Vs Common Law

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    There are two major legal traditions – the Common law and Civil law traditions. Each tradition has different source, concept, rule and development history. The adoptions of legal traditions in certain countries are largely affected by their historical background as well. John Henry Merryman (as cited in O’Connor, 2012, p.8) defined “legal tradition” as “a set deep rooted, historically conditioned attitudes about the nature of law, about the role of law in the society…. about the proper organization

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    complete justice’ than would be the result of leaving the parties to their remedies at common law. Equity developed as a result of the inflexibility of the common law. To deal with this a writ system was introduced in the 12th century.To

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    between Common Law and Civil Law Law is an essential element for any civilization. Laws in general are the rules set and enforced by an authority that we must follow. The main purpose of these rules is to solve a specific problem or conflict between two parties or more. Furthermore, laws were there long time ago and still exist until this day to help solve various cases and scenarios we see and hear about in our daily life. Law can be categorized into two general categories; which are common law and

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    Question 1 a. Common Law Definition of common law: The common law, sometimes known as case law, is the body of law that is based on the judges through the decisions made in court. In the system of common law, when a court decides and reports its decision regarding a specific case, the case then becomes a part of the body of law and can be used in cases that involve related matters in the future. Common law has been dispensed in the courts in England since the Middle Ages. It can also be found in

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    Common Mistakes In Law

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    parties to a contract. For a mistake to affect the validity of a contract it must be an "operative mistake", The effect of a mistake is: At common law, when the mistake is operative the contract is usually void ab initio (from the beginning). Therefore, no property will pass under it and no obligations can arise under it. Even if the contract is valid at common law, in equity the contract may be voidable on the ground of mistake. Property will pass and obligations will arise unless or until the contract

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    Outline the main characteristics of a common law legal system. “Common law dates from the 11th century when William I set up Royal Courts to apply a uniform (common) system of law across the whole of England” (Hughes & Ferrett 2011). Until that time there were laws that were differently interpreted from one city to another. “Common law is generally uncodified system. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes

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    Civil Law Vs Common Law

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    legal system is better: civil law or common law. Each legal system may have some advantages and deficiencies which will discuss. If a foreign legal system has some advantages, why not merge them in the national legal system? In that way the resulting combining of the two legal systems can only improve their common goal of designing a fair and just legal system which can provide legal certainty and protection to all citizens and legal persons. The civil law and common law systems are the results of

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    Holmes The Common Law

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    Even with all the criticisms levelled at it, The Common Law remains an instructive and pioneering book that has by no means lost its essential power. A work of such insight transcends temporal bounds and is — or at least should be — rediscovered anew by successive generations. The work is not static. It bends, and is bent by, each new audience that encounters it. As Holmes wrote in a letter to Harold Laski in 1919, he — Holmes — “started all the inquiries that since have gone over many matters

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    Putative Spouse However, even though Common Law marriage is not recognized in Nevada, there are situations in which parties who were not legally married such as in the case of a void marriage, may still be able to have a court enforce certain rights and liabilities incurred as a result of such a relationship once such relationship has come to an end. For example, a party whose marriage has been annulled may still have rights to property acquired during the relationship. One such remedy is called

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    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. [5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases

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    Self-defence is an act of defending yourself or others against means of harm or in the action of crime prevention. As defined under Section 3 of the Criminal Law Act 1967 it states that ‘a person may use such force as is reasonable in the circumstances in the prevention of crime. Self-defence is also mentioned in the Criminal Justice and Immigration Act 2008. The CJIA Section 76(1) provides that ‘in deciding whether the force used is reasonable, considerations must be taken into account so far as

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    In the play Antigone, Antigone, the protagonist buries her brother Polyneices. She did this against the King, Creon’s law. Her sister Ismene is against these actions. Antigone is then caught and brought to King Creon due to these actions. Creon than sentences Ismene to death. Than had Antigone sentenced to the vault until she dies. Haemon her soon to be husband defends Antigone, but Creon ignores him. Teiresias an oracle or fortune teller warns Creon that he will be punished by the gods for his

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    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. Law has many diverse definitions, but they are all based on the same perception which is the comprehension of enforceable guidelines that guides the relationship

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    What constitutes an intention to commit a criminal offence has been the focus of intense common law debate for more than three decades. Intention can be separated into two sub-sections: ‘direct intent’ and ‘oblique intent.’ The preponderance of murder cases deal with the concept of direct intent, and prove to be uncomplicated as the defendant embarks on a course of conduct to bring about a result which in fact occurs. When considering the concept of oblique intent, it is essential to look at the

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    building shelters, and placing rules and order to arguing over vigorous properties, fighting and in the end killing one another. From the many themes used in the novel, common law was the most abundant and the most appealing. Common law is “the laws that developed from English court decisions and customs and that form the basis of laws in the U.S.” (n.d.). In the novel, “Lord of the Flies”, the characters possess distinguishable traits that define and symbolize every boy (Li & Wu, 2009). For example

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    Malaysian law was made was during the decentralization of Malay states (1866-1942) when the pre-war law was made. At that time, the Malay states were divided into three groups of states which are the Straits

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    Tribal Tort Law

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    involved but also the litigation involved with defining that tort by a court of law is also subject to prejudice by those who may or may not see it as a wrongful act. While tort law may be a valid means of regulation in jurisdictions with established and accessible bodies of common law,

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    Is it really possible that a killer will be more deterred by the risk of the death penalty than by having to spend the rest of his life in prison? The claim fails the test of common sense. Criminologists and police chiefs say the death penalty just doesn't influence murderers -- partly because its application is so haphazard. Although some people say the purpose of punishment is not only just to deter but also to retribute. However

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    The Tudors Research Paper

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    of the heavy revolts from the supporters of Lady Mary, the rightful heir to the throne. Mary I became the first true Queen of England, and began her task to restore England to Roman Catholicism, as she was a fanatical one herself. She restored the laws to burn heretics. This allowed many Protestants to be burned during her reign, because Catholics that burning “cleansed the soul”, which was the reason why she would later be known as “Bloody

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    Karl Marx: Communist Manifesto The Communist Manifesto by Karl Marx attempts to explain the goals of Communism. It aims to cover the theory of this movement as well. Throughout his discussion he argues about class struggles and the exploitation of one class by another. He expresses the motivation behind all historical developments. The Communist Manifesto has four sections. The first section talks about the Communists' theory of history as well as the relationships between proletarians and bourgeoisie

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