Common law Essays

  • Common Law System

    1442 Words  | 6 Pages

    What is common law? Common law is generally uncodified which is, there are no inclusive collation of legal rules and statutes. Common law is dependent on some scattered statutes. This is the decision of the legislation and is largely based on precedent. Precedent is the judicial decisions that have already been made in similar cases. The function of common law as an adversarial system is a contest between two opposing parties before a judge who moderates. A jury of ordinary people, who is without

  • Equity In Common Law

    1255 Words  | 6 Pages

    It is about flexibility, justice and fairness which require discretion and uncertainty. It acts as a supplement to the common law. Such as: Land Law, Contract Law, and Tort. Equity developed due to the lack of remedies and non-fulfillment of the common law and it could be said that equity came after the birth of common law to correct the strictness and harshness of common law. Lord Chancellor who introduced the new system of justice called “Equity” in the famous case of Earl of Oxford’s Case

  • Common Law: The Important Importance Of Law

    1145 Words  | 5 Pages

    WHILE THE COMMON LAW IS A VERY IMPORTANT SOURCE OF LAW, THE MANY OTHER SOURCES OF ENGLISH LAW ARE GROWING OF IMPORTANCE. Common law is in effect legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are codified as Acts of Parliament, the common law is constantly changing. This is because of the fluid way in which judges interpret the law using their knowledge of legal precedent and common sense and by applying the facts of the case they are

  • Importance Of Common Law

    1369 Words  | 6 Pages

    Common law is characterized by the predominant importance of the so-called case law, or law of judicial creation. Unlike” state law”, common law is continuously changing. In fact Common law is made by the judges sitting in court. Judges are bound by the "rules above," when deciding a case they must apply the rule that a judge in a case identical, applied before them. They can apply a different rule only if their "case" presents the facts "different" from that previously decided by other courts.

  • Importance Of Equity In Common Law

    1540 Words  | 7 Pages

    refers to the moral aspect of law where fairness and good conscious are taken into account when deciding case outcomes. Equity is the principle of law established in the court of chancery by the Lord Chancellor. These principles progressed on account of the shortfalls and severity of the common law in regards to dealing with specific disputes. In equity the disputes are decided according to the facts of the case and good conscience. In comparison to early common law where judges created the writ

  • Equity: The Inflexibility Of The Common Law

    1543 Words  | 7 Pages

    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

  • Comparison Between Common Law And Civil Law

    753 Words  | 4 Pages

    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

  • Contract In Common Law

    2507 Words  | 11 Pages

    Question 2) According to the common law legal system, a contract is an agreement enforceable by law between two or more parties, with each of the parties having the intention to create certain legal relationships between or among them. (Wex, 2008) There are four elements that makes up a valid contract, mainly Offer, Acceptance, Considerations and Intention to create legal relationships. In the case where any one of the four elements is not present, the contract or agreement would not be a valid

  • Common Law Characteristics

    1220 Words  | 5 Pages

    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

  • Limitations Of Common Law

    1071 Words  | 5 Pages

    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

  • Disadvantages Of Common Law

    780 Words  | 4 Pages

    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

  • Characteristics Of Common Law

    1372 Words  | 6 Pages

    and EU Law Assignment 1. 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 an uncodified system. This means that there is no comprehensive compilation of legal rules and statutes. While common law does

  • Essay On Common Law

    818 Words  | 4 Pages

    Common law is a body of law created by judges using issues brought to them over time as they decided on cases. Common law based on an old European law adopted as a type of rules used in court to settle disagreements between two parties. The court used rules and principles to solve disputes. There are two major branches of Common law. The first is Contract that governs the principles of the common law system. The principles control the contract created and implement its effectiveness (Jefferies &

  • Civil Law Vs Common Law

    716 Words  | 3 Pages

    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

  • Concept Of Common Law

    2678 Words  | 11 Pages

    INTRODUCTION Purpose and Objective of the Contempt: A law is that confers the greatest good on the greater number. It is used to be said as “salus populi suprema lex” which means for the welfare of the people which is the supreme law. The welfare of the people can be obtained if there is justice which is administered lawfully and judicially without any fear and favour and the people who are responsible for administration of such justice and those who are seeking for justice as parties from them

  • Disadvantages And Disadvantages Of Common Law

    1106 Words  | 5 Pages

    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

  • The Importance Of Contract In Common Law

    899 Words  | 4 Pages

    In common law, There are four elements for forming a binding contract, namely, the intention to create legal relationship, offer and acceptance and consideration. The functions of the elements sometimes overlapping with respect to the relevant definitions, I am of the opinion that intention should be the most important element among the four of them. Although minority of academics might argue that “intention is the least important contractual element since consideration is a token of the intention

  • Legal Tradition Vs Common Law

    963 Words  | 4 Pages

    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

  • The Importance Of Common Law

    1151 Words  | 5 Pages

    The common law systems is a legal system which is founded not on laws created by legislatures but is law that is advanced by judges, courts and similar tribunals. Moreover, common law is based on custom, culture, tradition, and previous judicial pronouncements from all over the world. Their quantified decisions ostensibly decide distinct cases and also have a precedential effect on future cases. Lord Justice Sedley opined; ‘the common law, like the god Janus, is for ever facing both the future and

  • Common Law Formalism

    1297 Words  | 6 Pages

    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