Common law

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  • Common Law And The Legal System

    The law of the United States is important to be discussed in detail because the principles of the legal system followed in the country can explain how the law can influence individuals and organizations. The origins of the U.S. law and legal system are in the law that was followed in the medieval Britain (Farnsworth, 2010, p. 24). The American colonies followed the common law principles typical for the British legal system. However, after declaring the independence in 1776, the colonies adopted the U.S. Constitution in 1789 as well as different constitutions for each state (Rabban, 2012, p. 54). As a result, the common law characteristic for the legal system of Britain was expanded with the principles of the constitutional law. Furthermore,…

    Words: 2755 - Pages: 12
  • Difference Between Common Law And Civil Law

    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…

    Words: 1098 - Pages: 5
  • Advantages And Disadvantages Of Common Law

    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…

    Words: 1192 - Pages: 5
  • Common Law And The Doctrine Of Precedence

    Common law and the Doctrine of Precedence are vital parts of the Australian legal system that enforces that cases of similar nature are treated in a similar way. This principle has been present within Australian courts since the country’s colonisation in 1788, and has continued to aid courts in the decision of verdicts to the current day. Before the 13th century in England, trials for cases concerning the law were carried out through ways of feudal law, which is the notion that wealthy men…

    Words: 1295 - Pages: 6
  • The Importance Of Equity In Common Law

    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…

    Words: 1481 - Pages: 6
  • Two Features Of Common Law

    BETWEEN THE LEGAL SYSTEM OF ENGLAND AND WALES AND THOSE OF CIVIL LAW COUNTRIES AND EXPLAIN THE MERITS AND PROBLEMS OF THESE LEGAL SYSTEMS A HISTORY OF TWO TYPES OF LAW The two main systems of law in the world today are common law and civil law. The system used in England and Wales is common law which has an evolving history dating from the Norman conquest of England in 1066 and the local customs of the Anglo-Saxons. English common law spread throughout the world during the growth of the…

    Words: 1466 - Pages: 6
  • Criminal Law: English Common Law And Roman Civil Law

    Society can be complex, since it has diversities of people and personalities. This complexity may cause disorder and chaos between each other. The US law use English Common Law and Roman Civil Law as influences in cases to make order and is divided into two; criminal and civil law. Criminal Law tend to be stricter than the civil law. Criminal law is a claim made by the government (on behalf of society) against the person (natural or judicial) for a wrongful action. Therefore, the purpose of…

    Words: 784 - Pages: 4
  • What Is An Exception To The Common Law Duty Of Confidentiality

    B. PUBLIC INTEREST EXCEPTION An exception to the common law duty of confidentiality permits disclosure of information where to do so is in the public interest. There have been no reported New Zealand or Australian cases in which disclosure of genetic information to at-risk relatives has been considered. While the public interest exception is notable for its flexibility, existing case law suggests that it is very unlikely the exception would be expanded in this instance. First, disclosure must…

    Words: 1504 - Pages: 7
  • Vicarious Liability In Common Law

    liability from the perspective of the employer as he or she can be held liable for a crime in regards to which he or she does not have fault if their employee has fault in regards the prohibited act committed within the scope of their employment. The common law position of criminal law does not recognize the general principle of vicarious liability as a person cannot be held…

    Words: 1297 - Pages: 6
  • Common Law And Divine Law In Shakespeare's Antigone

    The play antigone evidently demonstrates the contention of common law and divine law.Here divine law is spoken to by antigone while mainstream law is spoken to by ruler Creon. Aside from this there are different characters in the play who maintains Antigone in the play the contention is not of identities but rather of ideas– the contention of standards. The ruler bolsters mainstream law while others underpins the religious soul that is divine law. In any case is the standard of the god in…

    Words: 1219 - Pages: 5
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