The law of tort, is defined as “a civil wrong other than a breach of contract” (Lee Reed, 2013, p.289). It is a law that focuses more on civil cases than it does criminal, but at times cases can be both. The law of tort has three categories, intentional, negligence, and strict. In the case of Alice versus University Heights Pizza and employee Donald, the case is considered a negligence tort, based on the incident of Donald causing injury to the health of Alice, with the company vehicle, due to…
Lord Denning, in High Trees, set out the test for promissory estoppel, which consists of three requirements, in addition to the limitation of operation that it may not be used as a cause of action. To estop the promisor from enforcing his legal right, there must be: 1. a clear and unequivocal promise not to insist on strict contractual rights (intended to affect the legal relations between parties); 2. the promisee must reasonably rely on the promise; 3. it must be inequitable for the…
In 1996 Robert downey Jr. was caught was arrested while “driving naked in his Porsche on Sunset Boulevard, and found not only to be without clothes, but in possession of cocaine, heroin and a .357 Magnum.” (Sturniolo, 2014) Instead of going to jail for five plus years like any ordinary citizen, “his sentence had been suspended and he was placed on probation.” (Sturniolo, 2014) This was all because he was in the middle of a filming a movie. Do you believe that someone that is an allegedly a drug…
Letters were the principle means of influencing actions and opinions and of communicating with people at a distance in the eleventh and twelfth centuries. Many valuable insights can be detected from medieval letters about the practice of legal history, most of which appears to be based on how law has exceeded Roman and canon law and developed on the kind of assumptions about what is right or wrong. Susan Reynold’s argument that before 1100 law has traditionally been seen as based on ordeals…
upon the assumption that one cannot be repeatedly prosecuted in a criminal trial by either the jury, judge or appeal of court judges ("Questioning Double Jeopardy", 2016). This notion has been in existence for 800 years and originated from English Common Law. The double jeopardy protection averts three scenarios, a retrial for a crime that would attract a 25-year or more sentence if the original acquittal is tainted and multiple punishments for the same offence. A second prosecution for the same…
Equality before the law is an elemental concept of our legal system. Every one must be treated fairly and without discrimination but also feel like they have been treated this way. However there are problems that some diversity feels they gain at court. Indigenous society face problems gaining equal treatment by the law. The problems that affect their equal treatment included; police bias, attitudes of judges and cultural differences. Almost 50% of white Australians believe Aboriginal is given…
The structure of the court system, the reconciliation process, and the administration of justice and criminal investigation and prosecution are all things Vietnam’s court system has in common with the United States courts system. The Vietnamese court system is organized as followed: district people’s court, the provincial people’s court and the supreme people’s court, which is indubitably similar to the United States court structure:…
stems from the harsh penalties for acts that in many other legal systems around the world, like common law, would not be crimes. Sharia is especially harsh on women, people of other faiths, and homosexuals. Substantive Common, Civil and Criminal Law Most developed countries have some sort of Common Law, which governs criminal law, and civil law. Many counties ' legal systems are based upon Common Law, including the United States. It encompasses contract law, tort law, wills, real…
"Handout #2: Selected Statutes from the Qing Legal Codes." “Your Honor, I am Innocent”: Law and Society in Late Imperial China. http://www.exeas.org/resources/pdf/your-honor-handout2.pdf (accessed October 12, 2010). —. "Handout #3: Mourning Relationships in the Ming and Qing Dynasties." “Your Honor, I am Innocent”: Law and Society in Late Imperial China. http://www.exeas.org/resources/pdf/your-honor-handout3.pdf (accessed October 12, 2010). —. "Handout #4: Comments Made by the Autumn Assizes…
“Substantive criminal law arises from and defines the basic values by which members of society are able to live together with mutual respect. These are rules by which citizens determine what is right and wrong, what conduct is tolerated and what behaviour is condemned by the larger community.” (Davison, 2011). The Criminal Code of Canada as well as the Charter of Rights and Freedom reflects the social norms and the values upheld by the members of the Canadian society. This essay will be…