Essays on Common Law

Essays on Common Law

We've found 293 essays on Common Law

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Statutory Interpretation: Meaning

Explain what is meant by the term ‘statutory interpretation’ and to what extent does this compliment or undermine the role of the parliament? Statutory interpretation refers to a process used by the courts when it looks at a piece of statute to interpret what its …

Common LawJusticeLaw
Words 970
Pages 4
Dworkin and Hart

PART TWO – ESSAY (1) Dworkin’s “third conception of the law” called Law as Integrity is based in part on the assumption that there is a single author of the law. The community personifies expressing a coherent conception of justice and fairness. According to law …

Common LawEthicsLaw
Words 447
Pages 2
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
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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
If Legislation Fails Who is There to Follow?

Judge Richard C Wesley, who had worked in the Legislature of New York, and subsequently, in its High Court, gave a speech in the Albany Law School, where in he discussed the technique of appellate judging in Common Law Courts. The second such exposition was …

Common LawConstitutionLaw
Words 735
Pages 3
Com 220 Prison Overcrowding Harms Everyone

Prison Overcrowding Harms Everyone March 18, 2009 Com 220 Axia College of University of Phoenix Did you know that the USA with 5% of the world’s population has 25% of its prisoners, making it the world’s no#1 jailer? The most recent statistics from the Department …

Common LawLawPunishment
Words 1979
Pages 8
The Rattler” – A Story of Sympathy for Both Man and Snake

Eva Wambura 8/29/12 Period 2 The Rattler Rough Draft In the passage “The Rattler” the writer uses details about the man, details about the snake, and details about the setting to lead the reader to feel sympathy for both the man and snake. The detail …

Common LawLaw
Words 570
Pages 3
Stand Your Ground

Diamond Crenshaw Professor Roost VPA 192: MW 31 October 2013 Stand Your Ground Law Liberty cannot be preserved without general knowledge among the people. -John Adams As many of you are aware about the Traywon Martin / George Zimmerman story as well as Marissa Alexander …

Common LawCrimeGovernment
Words 1174
Pages 5
Notes for Final Paper

Do not change the font and do not put in any punctuation or other marks in the answer sheet; put only the letter choice of your answer. Also, do not put any spaces before or after the letter you enter as your answer. Be sure …

Common LawContractLaw
Words 2649
Pages 10
Sleep Stages And Their Description

There are four stages of sleep, stage 1 occurs when the person decides it’s time to fall asleep. Initially in stage 1 alpha waves start waxing and waning bursts of 8-12 Hz’s EEG. This is when we are alert at our wake fullness. Stage one …

BrainCommon LawEssay ExamplesMetaphysicsSleep
Words 346
Pages 2
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
Arvo Lake 71 Year Old Retiree

Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer’s specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. …

Common LawContractJustice
Words 712
Pages 3
Opening Statement of a Trial

In today’s court system it’s not what you know it’s what you can prove, this statement has assisted me with the choice of discussing the Opening Statement of a Trial. Open statements can be catastrophic in any trial process, I would like to think of …

Common LawCrimeLaw
Words 585
Pages 3
Companies Act

There had been innumerable petitions under s. 459 of the Companies Act 1985 for seeking relief by the shareholders of quasi-partnership companies where there were disputes. Lord Wilberforce had laid down the characteristics of a quasi-partnership company in his judgment in the case of Ebrahimi …

Common LawJusticeLaw
Words 659
Pages 3
Zelma M Mitchell V Lovington Good Samaritan Center

Citation: Zelma M. Mitchell v. Lovington Good Samaritan Center, 555 NM 2d, 696 (1976) Facts: Mrs. Mitchell was terminated from her position at Lovington good Samaritan Center because of an argument that broke out with the director of the center, Mr. Smith, and the Director …

Common LawEmploymentGovernment
Words 1525
Pages 6
Right to Counsel

Right to Counsel CJA/364 October 9, 2011 Right to Counsel Every individual is afforded the right to counsel in criminal proceedings. It is the liability of the government to provide every defendant facing criminal charges with legal representation that also is considered sufficient (2011). The …

Common LawCourtLawyer
Words 1347
Pages 5
Scenario: BUGusa, Inc., Plant Parking Lot

What defenses may be available to BUGusa, Inc.? Explain your answer. The tort of negligence applies in this scenario. Negligence is described as a party who fails to act reasonably, even when the act is not intentionally, or it does not intend for harm to …

Common LawJusticeLaw
Words 498
Pages 2
Firm Judicial Policy

Introduction It will be determined whether the courts have always shown due respect for the intention of Parliament in applying firm judicial policy. In doing so, appropriate case law, academic opinion and relevant legislative provisions will be analysed by accessing applicable text books, journal articles …

Common LawGovernmentLaw
Words 2354
Pages 9
Abdominal Aortic Aneurysm Health And Social Care Essay

This instance survey is about an 80 old ages old male with symptomless abdominal aortal aneurism who presented to his GP with other symptoms unrelated to abdominal aortal aneurism. The writer will analyze the diagnosing of his aneurism, the mode used, the intervention and direction. …

Common LawHealth
Words 2101
Pages 8
BHL Assessment

Advise Bob of his contractual obligations to WAY Ltd. In particular, assess and evaluate his common law duties in comparison to contractual obligations as an employee and the potential outcome of breach. A contract of employment may be written or verbal and there is not …

Common LawEmploymentJustice
Words 2469
Pages 9
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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.
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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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