Common law

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    The common law and civil law legal systems have been described as two of the major legal systems of the world. What are the main distinguishing features? Are these differences of any significant importance to the Ghanaian legal system? Your answer should not be more than 1200 words. With no doubt it is widely known that Common legal system and civil legal system are the two major legal systems in the world. Most of the countries in the world practice either one of them that is not to say that there are no other legal systems. Ghana practices the common law system of government which they adopted through colonialism by England. This essay is centred at the major difference between common and civil legal system. And also looking…

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    Common Law, originally from England, is one the three main legal systems which are used worldwide. It is based on customs and norms of society as well as legislative enactments. The hierarchy of the courts is particularly important to the doctrine of binding precedents that showcases various advantages and disadvantages in common law. Common law is much dependent on the doctrine of binding precedent. The term precedents refers to previously decided cases (Abbot,Pendleburry & Wardman, 2002) The…

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    Origins Of Common Law

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    The origins of common law are the England and Christianity. The Common law is a body of law based on custom and general principles embodied in case law. The common law was adopted by each of the states in the United State of America, as well as the national government of the new nation. The origin of common law can be traced back to sources such as; the common law principles of England, the equity principles, Christianity and ecclesiastical courts. (Legal, 2016). The general goals and purposes…

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    inflexibility of the rules and procedures of common law courts. Therefore, equity created new remedies. If the Chancellor was convinced that a person had suffered a wrong, the court would grant a remedy. To be precise, they would devise some way to ensure that something was done to put right the wrong that had been done to the person (Genn 2014, p. 22). In this way, equity created new remedies that were not available in the common law courts. At common law, the main remedy that a person could…

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    The Common Law tradition is a uniform set of rules applied to a country as a whole. Founded in the Kings courts in England 1066 by William the Conqueror and his successors these rules unified a country according to the crimes committed; before this, disputes were settled according to traditions depending on the region lived. (Miller, R. 2013) According to Roger Miller, author of Fundamentals of Business Law, common law is a body of general rules that applied throughout the entire English realm…

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    • Common law duty of confidence Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges. It is also referred to as †̃judge-madeâ€TM or case law. The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information providerâ€TMs consent. In practice, this means that all information,…

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    Common Law Duty

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    As an educator I have a common law duty to anticipate foreseeable dangers and to make sure I am taking all the necessary precautions to protect the students that are entrusted in my care (Cambron- McCabe, McCarthy, & Eckes, 2014). I am aware that some of my responsibilities are: to give proper instruction, to provide my students with adequate supervision, and to warn my students of known dangers (Cambron- McCabe et al., 2014). Knowing what my duty is to my students is very vital as an…

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    Common law it represents the whole of the United Kingdoms legal systems , which is made by judicial decisions in court, English law is based on common law,for instance common law was initially developed from case law based systems Common law is legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are Acts of Parliament, the common law system is ever changing. Trial by jury would be a characteristic of common law, for example, the judicial…

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    Australia’s legal system is made on a combination of common law and statutory law. Australian common law mirrors British common law. It was developed in the courts based on precedents and is very flexible. Common law is not found in any type of legislation, but it helps guide judges when they are making decisions. It is a very flexible type of law because it adapts to changes whenever they are made. The statutory law on the other hand is made by Parliament. This could be the Federal Parliament…

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    of their common law legal system. The common law includes tradition, custom, fundamental principles, modes of reasoning, and the substance of its rules. As it is, the common law mind is an expression of the special talent of the English to appreciate fairness, liberty and certainty. The guiding principle of the common law is, that similar cases should receive similar treatment under the law. Common law principles are established and developed through the opinions of judges given at the end…

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