Essays on Common Law

Essays on Common Law

We've found 293 essays on Common Law

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Specific Application of English Law in Malaysia’s Commercial Matters

3. 1. 2 Specific Application of English Law(common law and rules of equity) The specific application of English law is under the section 5 CLA 1956 which provides for the application of English law in commercial matters in Malaysia as a whole, differs in its …

Common LawJusticeMalaysia
Words 559
Pages 3
Hierarchy of Law: Federal Law and the U.S. Constitution

1. A federal law that conflicts with the U. S. Constitution will be deemed unconstitutional. 2. The U. S. Constitution is the supreme law of the United States. 3. Each state has its own constitution. 4. Equity is a branch of unwritten law that seeks …

Common LawGovernmentLaw
Words 603
Pages 3
Essay about Case Study of Architect Christopher Lee

THEORIES OF ARCHITECTURE AND URBANISM1.0 IntroductionChristopher Lee is an immigrant designer from Malaysia. He was born and raised in Taiping Perak. He graduated with AA Diplona ( honours ) from AA. Lee completed his Doctor of Philosophy in Architecture and Urbanism from the Berlage Institute …

ArchitectureCase StudyCommon Law
Words 1905
Pages 7
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Default Judgment Motion

Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the …

Common LawGovernmentJustice
Words 3862
Pages 15
Baker v. Osborne Legal Review

Thomas Baker and others bought new homes from Osborne Development Corp. The new homeowners later filed a complaint against Osborne Development Corp. for multiple construction defects in the houses they purchased. The complaint alleged causes of action for strict liability, and other breaches of contract, …

Common LawContractJustice
Words 349
Pages 2
Dispute Resolution Coursework

 Introduction This report will discuss the different approaches to concurrent delays in construction contracts by reviewing various construction cases where disputed have arisen. I will also analyse the findings in the recent Court of Session case of City Inn v Shepherd Construction (2010) and assess …

Common LawContractEmployment
Words 3689
Pages 14
The Constructive Alignment Theory Education Essay

The constructive alliance theory has been used to underpin the development of course of study in medical instruction for some clip Biggs and Tang 2007. A constructivist instructor designs larning experiences which are active and synergistic and works at the interface between the course of …

Common LawEducationTheories
Words 3083
Pages 12
Felons and the Right to Vote

Sara Duran-Campos Professor Gould English 111 December 12, 2012 Convicted Felons Should Not Be Allowed to Vote Many Americans were not allowed to vote these past elections. It wasn’t because they didn’t pay taxes or were mentally incompetent or underage. The reason why they can’t …

Common LawCrimeLaw
Words 663
Pages 3
Marbury vs. Madison

Marbury vs. Madison (5 U.S. 137, 1803) involved an application for a writ of mandamus against the then Secretary of State Madison, directing him to deliver to Marbury his commission as a Justice of the Peace for the District of Columbia.  In determining whether or …

Common LawJusticeLaw
Words 1137
Pages 5
The Case of the Lightning Strike

In forwarded e-mails across the country are many stories of frivolous lawsuits with huge payouts.  First, there is the story of Kathleen Roberson who won $780,000 after breaking her ankle tripping over her own son in a furniture store.  Carl Truman of Los Angeles won …

Common LawJusticeLaw
Words 841
Pages 4
Minor Signs Contract

As I have been doing business with Don on a steady basis. I would consider us to be in an Implied contract situation. Subtask, Brenna, Browne (2009) defines an implied contract as “established by the conduct of a party rather than by the party’s written …

Common LawContractFraud
Words 800
Pages 3
Rylands and Fletcher [1868] summary

Case Name: Rylands v Fletcher [1868] UKHL 1 Court: House of Lords Case History: Exchequer of Pleas Court of Exchequer Chamber Facts: The defendant owned a mill and constructed a reservoir on their land. The reservoir was placed over a disused mine. Water from the …

Common LawJusticeLaw
Words 116
Pages 1
How Does Equity Fulfil the Common Law

How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law, although it does not endeavour to displace it with a moral code. In order to be influential, the law is to be professed as both certain and predictable, and also flexible …

AdolescenceCommon LawContractCourtJustice
Words 1964
Pages 8
Acceptance and the Mirror Image Rule in Contract Law

An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer. ” In determining if an offeree accepted an offer and created a contract, a court will look for evidence …

Common LawContractJustice
Words 2267
Pages 9
Essay about Legal Issues

There is no other crime as heinous as the crime of forcible rape. The very thought of forcing one to perform sexually against his or her own will is deplorable. Unfortunately, in the United States (U. S. ), someone is raped every two minutes (RAINN, …

Common LawCriminal JusticeCriminal Law
Words 95
Pages 1
Effectiveness of Legal Sanctions

Effectiveness of sanctions in our society today In today’s society we impose sanctions on individuals who break laws of the community. There are many types of sanctions such as; fines, intensive correction, community based, youth training and drug treatment orders, home detention, suspended sentences and …

Common LawCrimeLaw Enforcement
Words 541
Pages 2
Legal defense of necessity for DUI and escape charges during Hurricane Katrina in Mississippi

Under Mississippi law, can McAnzen establish a defense of necessity for his DUI charge, when after realizing the severity of Hurricane Katrina and fleeing his home, he was arrested while driving under the influence even though that action was only done to prevent a significant …

Common LawJusticeLaw
Words 2931
Pages 11
Is an adolescent far better of under the statutory law than the common law? Discuss

Introduction The tension between adolescence and adulthood has been a fertile breeding ground for legal reform in mental health. The issues surrounding the admission and detention of mentally ill adolescents in hospital are fabulously complex and have been swept along with the tide of reform …

AdolescentCommon LawJustice
Words 3255
Pages 12
Exclusionary Rule

Contemporary Issues Paper: The Exclusionary Rule Jennifer Howell November 6, 2010 The Exclusionary Rule and Its Exceptions Introduction: The Exclusionary Rule The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. …

Common LawGovernmentJustice
Words 1066
Pages 4
Legal Studies

Thompson-Starr (B) Police Officer, excessive force, qualified immunity. Part One For many years police officers have enjoyed the power of authority over the general public with the motto “to protect and serve”. If this is the case, then let this become the yardstick that will …

Common LawGovernmentLaw
Words 2068
Pages 8
Marie is a 13 year old female

Marie is a 13 year old female, who, along with 2 adults (both age 18), staged a kidnapping of a 13 year old girl in Marie’s class. They tied and gagged the little girl to the kidnapping spot. Should Marie be brought to trial as …

Common LawJuvenile DelinquencyMorality
Words 1156
Pages 5
Analysis of the Essential Elements of Intentional Infliction of Emotional Distress in North Carolina Law

George sued Jerry under a theory of intentional infliction of emotional distress, alleging various grievances. Jerry has moved to dismiss the complaint on the grounds that even if everything George alleges in the complaint is true, George has failed to allege an adequate basis for …

Common LawJusticeLaw
Words 331
Pages 2
Police Roles and Functions

Police Department Roles and Function In this paper the principal roles and functions of police organizations and their roles as it applies to the law will be identified. Secondly, the description of various types of police agencies at the local, state, federal level, and the …

Common LawJusticePolitics
Words 880
Pages 4
BUG Inc Case Analysis

In both cases BUG is liable for negligence and could pay compensatory and punitive damages. As an employer, BUG is bound to protect its employees. In the case of the vendor, BUG can be considered as owner of the land (dock) while the vendor is …

Common LawJusticeLaw
Words 91
Pages 1
Murder Conviction and Death Penalty Appeal for Defendant Panah in Missing Child Case

In the instant case, defendant Panah was convicted in the trial court of murder and he was sentenced to death. His case is now before us on appeal because of the rule on automatic appeal in case of verdicts of death penalty. In this case, …

Common LawJusticeLaw
Words 916
Pages 4
5th and 6th amendment

The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, and provides that no warrants shall issue but upon probable cause supported by oath or affirmation, and particularly describing the place …

Common LawCrimeJusticePrivacy
Words 814
Pages 3
Kinds of Evidence – to Establish a Negligent Act

DQ1: Please describe the kinds of evidence that a plaintiff can present in order to establish a negligent act. In a negligence suit, the plaintiff has the burden of proving that the defendant did not act as a reasonable person would have acted under the …

Common LawGovernmentJustice
Words 630
Pages 3
Comparison of British and French Systems of Justice

Abstract The law of murder is often subject to much critique because of its unfavourable treatment towards women. Although many changes have recently been made to this area to rectify the problems, questions are still being raised as to whether the pre-existing gender biases still …

Common LawCriminal JusticeCriminal Law
Words 3066
Pages 12
Bath Star Judgment Vs Gaga

In its Bath Star Judgment, the Constitutional Court referred to the interpretive approach followed in the Gaga v D¶ones, a notorious case from the asses. In this essay, I argue that the recent comments by the Constitutional Court about the case clearly show that the …

Common LawGovernmentLaw
Words 1684
Pages 7
The King of Torts by John Grisham

Clay Carter is a public defender doing boring, low-paid, through which every beginning lawyer is to go through. Carter has been there for too long, and this job does not bode anything to Carter… up to the point, when he takes up the case of …

Common LawJusticeLaw
Words 412
Pages 2
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Find extra essay topics on Essays on Common Law by our writers.

In law, common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. The defining characteristic of “common law” is that it arises as precedent.
Information

Trademark symbol: symbol TM

Traditions

Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common laws sometimes prove the inspiration for new legislation to be enacted.

Elements

The common law is the collection of judge-made rules, tests, definitions, and requirements which have accumulated over the years to form a working body of law. Under this system, each district or jurisdiction could have a different rule, name, or definition of a single term.

Father

At common law fathers were assumed to have little concern for the well-being of their illegitimate offspring. Historically, in most jurisdictions, if a child was illegitimate, the child could be adopted with only the consent of his or her natural mother.

Date

The common law of England law of England English law refers to the legal system administered by the courts in England and Wales, which rule on both civil and criminal matters. English law is based on the principles of common law. English law can be described as having its own legal doctrine, distinct from civil law legal systems since 1189. Law _of_the_United_Kingdom Law of the United Kingdom - was largely created in the period after the Norman Conquest of 1066. The Anglo-Saxons, especially after the accession of Alfred the Great (871), had developed a body of rules resembling those being used by the Germanic peoples of northern Europe.

Frequently asked questions

What is common law in your own words?
The common law is a system of law that is based on precedent, or past decisions of courts. This means that if a court has ruled on a similar case in the past, the same rule will usually apply in the current case. The common law is used in many countries, including the United States, Canada, and England.
Why is common law so important?
First, common law is the basis for the legal system in many countries. Without common law, these countries would not have a legal system at all. Second, common law is a source of law for many countries. This means that when a country’s legislature makes a law, it is usually based on common law. Third, common law is a source of precedent for courts. This means that when a court is deciding a case, it will look to common law for guidance. Fourth, common law is an important part of the legal system in many countries because it is used to interpret statutes. This means that when a court is interpreting a statute, it will look to common law to see what the statute means. Finally, common law is important because it is used to resolve disputes. This means that when two people have a disagreement, they can resolve it by looking to common law.
What is common law and examples?
Common law is a legal system that is based on previous court decisions rather than on statutes. This means that common law is developed by judges through their decisions, rather than by legislatures through statutes. Common law is used in many common law countries, such as the United Kingdom, the United States, Canada, and Australia. Some examples of common law are: -the law of contracts, which governs the formation and performance of contracts -the law of torts, which allows people to sue for damages if they have been injured by someone else -the law of property, which governs the ownership and transfer of property -the law of criminal law, which governs the prosecution of people for criminal offences.
What are the advantages and disadvantages of common law?
One of the main advantages is that it is a flexible system that can be adapted to changing circumstances. This means that it can respond quickly to new situations and developments, which is an important advantage in a rapidly changing world. Another advantage is that common law is based on precedent, which means that it is a relatively stable system. This stability can be seen as an advantage or a disadvantage, depending on your point of view. On the one hand, it can provide certainty and predictability, which is important for businesses and individuals planning their affairs. On the other hand, it can be seen as inflexible and slow to change, which can be a disadvantage when new problems and situations arise.

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