Common law rules

HCA’s reasoning was underpinned by the fundamental equitable maxims; equity is equality and equity follows the law. The operation of these maxims sheds further light on the rationale for the HCA’s conclusions and, more broadly, helps to explain the nature of equity. The doctrine of contribution reflects the ‘natural justice’ that equity seeks to provide, by ensuring that parties sharing common obligations contribute proportionally to the fulfilment of that obligation. Thus, the doctrine of…

The Manusmrti remains one of the finest embodiments of Classical Hindu law and of fundamental importance in any study on law in India. Buhler designates Manusmrti as 'Bhrigu's version of the Institutes of Sacred law proclaimed by Manu".14 Its opening verses describe how Manu, the descendent of the self¬ existent Brahmana was approached by the great sages to explain the sacred law. Buhler further explains that if the versions given by commentators like Govihdraja, Narayana and Raghavananda as…

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…

is carried out based on the code of law. Since every country is governed by its own set of laws and rules, due process for such criminal acts will not have the same punishment or consequences like those here in the United States. As such, the country of Australia will be analyzed in order to understand how the judicial system and the application of criminal responsibility work. The Australian legal system is based upon the fundamental belief of the rule of law, justice, and independence of the…

Characteristic of the Law and Legal Systems of the United States Origin of the Common Law Legal System The common law is used in all the states except Louisiana. Louisiana uses a civil law legal system, which is common throughout Europe. Characteristics of the Common Law Legal System Origin of the Civil Law Legal System It can be argued that any time a state legislature encodes a law which was not previously coded, that the state legal system becomes partly a civil code system.…

111) states that “Attitudinalists argue that because legal rules governing decision making (e.g., precedent, plain meaning) in the cases that come to the Court do not limit discretion; because the justices need not respond to public opinion, Congress, or the President; and because the Supreme Court is the court…

In the case of Tabet v Gett (2010) 240 CLR 537, the High Court was forced to rule on the validity of awarding damages for a “loss of a chance” in medical negligence. In the judgement of this case the High Court considered the distinction between a Medical and Commercial “Lost Chance”. Following the English case Gregg v Scott [2005] 2 AC 176, the High Court unanimously rejected the claimants action for damages due to a lost chance at a better medical outcome. Gummow ACJ highlighted the difference…

regarded, and rightly so as a period of major importance in the history of English law. A set of national legal institutions bringing the law and justice to the whole of England, and a body of legal rules applicable over the whole of England. P.215 Reasons for legal reform To determine whether Henry II was the ‘founder’ of the English common law or not, we must first decipher his reasons for involvement in the law. The title ‘founder’ suggests that Henry II had a personal, academic interest to…

Rules and Regulations Distinguished The terms “rules” and “regulations” are often used in the same parlance and are closely-related; but these terms are relatively different in nature. (Subhi, 2015) Rules can be described as the guidelines or instructions of doing something correctly. These are the principles that govern the conduct or behavior or a person in an organization or country. The rules are the standard set of instructions made for people, which explains that how things are to be done…

pre-political, it does not lack morals. Morals arise from reason, a God given capacity. In fact, morals are the foundation for the Law of Nature. Restrictions are placed on individuals that make the state of nature peaceful. Locke then establishes his Natural Law Theory. He argues that men live in an ordered system. This system already has in place values and purpose that shapes how laws ought to be. Additionally, there is no state of individuals. State of nature contains small units of people…