Common-law marriage

___________________________________________________________________________ Submitted to: Professor Amita Dhanda Submitted by: Rahul Sibbal (1st year BA-LLB) NALSAR UNIVERSITY OF LAW, JUSTICE CITY, HYDERABAD Introduction “Love Affair to go on floors by year end” reads an article in the Indian Express . The movie; to be directed by Soni Razdan draws its inspiration from the…

Is the notion of legal precedent molded by local interests? Barbara Yngvesson, in her essay entitled Inventing Law in Local Settings: Rethinking Popular Legal Culture, asserts that the foundation of justice and communal identity rests with the American court system. Though all members of the judiciary body remain “unbiased,” this idea suggests an overpowering force behind local petitions which are, thus, used as vehicles to deliver justice and identity. Linda Greenhouse, author of Becoming…

The state of Maryland follows the common law when it comes to self-defense: the amount of forced used when defending oneself and the duty to retreat. The definition of self-defense given by the common law is “The right of a person to protect oneself with reasonable force against another person who is threatening to inflict force upon one 's person.” Correspondingly, the duty to retreat is “The doctrine holding that a victim of a deadly assault must attempt to safely retreat before using deadly…

fact that someone is an employee of someone else is a major jurisdictional factor in several areas of law, for example, in tort law on the question of vicarious liability and in employment law on the question of unfair dismissal and redundancy. Depending on the circumstances,…

to follow a version Dworkin’s theory of ‘law as integrity’. Attempting to give value to the community and the individual. However this can be criticised because interpretation of the law becomes superhuman, relying on the assumption there is coherence in the communities previous decisions. This is something the community should consider when proceeding. The Community also places importance on the court developing legal principles over time through common law. This can be somewhat linked to…

“Glass half full” is commonly understood as synonymous with optimism. Since that optimistic turn of phrase is one-half of the title of University of Tennessee law professor Benjamin H. Barton’s well-researched, statistics-laden, and densely written book addressing the history and future of the legal profession in the United States, one would suppose the overall tenor of the book would be positive and encouraging. One would be wrong. For many lawyers, reading Glass Half Full will be as…

the common law derive from key moments in history. Additionally precedent setting cases in common law have significantly developed New Zealand’s legal structure. While historic moments in New Zealand history…

Jurisprudence: Make Up Assignment for Seminar 2 My group presented the text of Dworkin: Dworkin tries to find a middle ground between Hart and Fullers’ theories, building his jurisprudence on an attack of Hart’s claim that the law consists only of rules. Like Fuller, Dworkin thinks that the law is inherently interpretative. Dworkin contends that in reality the materials available to judges are wider than only rules, and that in practice judges use principles and background justifications as…

it is arguably more likely to fulfil the burden of proof of the “chance” of a “better outcome” at court due to a perceivably easier measure of value of the loss in contract law, than the more ‘speculative’ situations that occur in the realm of medical negligence. Prior cases to Tabet v Gett indicated that Australian case law was moving towards awarding damages in medical negligence where a chance at a better outcome was lost,and many academics have noted the conservative standpoint the court…

usually specialising in a given area of law and they are regulated by the Institute of Legal Executives. Legal executives can work in various locations apart from law firms. For instance, obtaining senior roles in the legal departments of commercial organisations, charities, government agencies and local authorities. [pic] Paralegals A Paralegal is a person qualified through education and training to perform legal work that requires knowledge of the law and procedures and who is not…