Common law rules

The concept of rule of law (ROL) was made popular in the 19th century by a British jurist called A. V. Dicey. The rule of law can be defined as the legal principle that a nation should be governed by the law, instead of being governed by decisions of individual that are the government officials. Basically, the law is subjected to every person in the country, the law that exercises limitation upon one’s behaviour including those who serve as government officials. The law has the utmost power and…

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…

When I first heard about sports law, I assumed these rules/ concepts were an entirely new set of principles from the legal concepts. However, after reading this article I learned that I was completely wrong. Overall, there is really no such thing as “the law of sports”. There are no separate rules that exists for sports law and no laws existing that can be categorized as an independent field of law. Nonetheless, sports law incorporates areas of law and brings them together in a very unique way.…

bestowed to Americans. Case in point, consider the 7th Amendment which issues the right to trial by jury and that no fact tried by a jury shall be re–examined. These rights granted by the 7th Amendment have a dramatic role within the predominate common law system of America and as such gives citizens privileges that are vital. Ultimately while not as well known as certain other amendments, the 7th Amendment plays a vital role within the lives of Americans. The first aspect of the 7th Amendment…

authority figures, the adaptabilities of the laws, origins of laws, and the teachings. There are many wonders in life in which asks the bigger questions such as the origins of moral judgment in humans. It leads…

Sources of the Law in England and Wales Introduction Sovereign Body of Parliament has created the legislation in England and Wales. The sovereign body is three-layer legislation in which Queen plays a formal role, House of Commons creates legislation, which is referred as statues, lastly, the House of Lords, which acts as a supreme court in English law. English Law is one of the largest written laws in the world, and many countries have referred English Law to construct their law, and that is…

Christie said in ‘An Introduction to Scots Criminal Law’: “So far as offences against society are concerned, breach of the peace is perhaps the most broadly defined and frequently used” . The courts still refer to Hume’s definition in which he: “considered a breach of the peace to be less than mobbing and rioting but tending to disturb and alarm the neighbourhood.” However, as it is a common-law crime the definition has developed through case law. The main issue in the present case and the one…

be? Civil law codes have a much stronger legislated relationship to moral obligations than common law. The French Penal Code has specific rules pertaining to the failure to provide aid to anyone in peril, much like the German Penal Code, Strafgesetzbuch (abbreviated to StGB). Civil LAw tradition imposes a civic duty upon all its citizens, unlike the common law tradition, which places greater emphasis on the separation of law and moral obligation. Duty to Rescue under Civil Law Civil law codes…

Authored by Eshita Sand, a 4th year student of B.A.LL.B(Hons.)- with Specialization in Energy Laws at College of Legal Studies, University of Petroleum and Energy Studies, Dehradun. According to recital 11, Rome I Regulation, ‘The parties’ freedom to choose the applicable law should be one of the cornerstones of the system of conflict-of-law rules in matters of contractual obligations’. The ambit of party autonomy is seriously restricted, on the other hand, in the context of contracts other…

1. “A Time to Kill” demonstrates the functions of law throughout the film. One example of this is how law portrays right and wrong. In the film, the authorities arrest the two redneck men because they raped a ten year old girl, and that breaks the law in two occasions; Sexual assault and intercourse with a minor. The law states that both sexual assault and intercourse with a minor is wrong. A second of example of the functions of law is how law protects society. In the film, the father of the…