Common law rules

The passing of the law Sedition Act of 1798 created a great debate over the meaning of freedom of speech and the press because it limited what people could say. The two opposing views were crafted by Henry Lee and James Madison. Lee believed that freedom of speech and the press meant exactly what it did when Blackstone wrote it for England, which is that it is a freedom from prior restraint and nothing more. However, Madison stated that the American concept of freedom of the press and speech…

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…

It has been argued by the likes of John Austin that law and morality are completely separate and never intertwine. However, there are contrasting views, stated particularly by natural law theorists, which suggest that legal judgments are never made in isolation of morality. This essay will evaluate the views of a variety of legal theories, focusing predominantly on two important distinctive arguments and eventually arrive at the conclusion that law and morality can never be two absolutely…

What is Law? The foundation of the Anglo-American Law is dated back to the Norman Conquest in 1066. William the Conqueror was the first king in England to establish courts and laws that were common throughout the land. The common laws, originally from England are still in effect today. The law is a system of rules that are enforced to govern the behavior of the people. Private law deals with the relations between people in law of property, law of contracts, and tort. Public law enforces the laws…

strong and unified judicial system designed to meet a more modern direction of handling criminal and court proceedings is the common goal for both countries. In Greece, the historical and traditional criminal justice system was based on the Bavarian criminal code, which was transferred from King Otto, the first king of independent Greece in 1830 (Anagnostopoulos Criminal Law & Litigation, 2012) and Kazakhstan’s historical criminal justice system was based on a communist…

practicing law is one of the oldest learned professions across the world. The purpose of this paper is to examine the evolutionary role of the legal profession in strengthening the rule of law in the Arab world, a region that has long suffered from the absence of adequate rule of law. In this paper, I will examine the following question: To contribute effectively to the strengthening of the Rule of Law, lawyers working…

the Commonwealth, the State and the local Government level. Government Institutions or (Parliaments) make laws and all of these institutions, people and laws are all part of the legal system. Common Law or Case Law is referred to as Judge made law, cases are heard, a verdict is reached and then precedence is set. Statute Law is law made by Parliament, written as Acts, Regulations or Rules. Australia is multifaceted in the context of its environment because it is one of the most ecologically…

confident political philosophers, frequently included Aristotle. Some of the Founders, especially, John Adams and James Wilson, often refer to Aristotle and show an admiration for his Politics. By the “rule of law”, Adams and the Founders did not comprehend the simple consistency or predictability of law and procedure (Pakaluk, Michael). He was recognized as the original source for many policies, mostly declared by the Founders. Some of which include: “1. government should govern for the good of…

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…

by law. This phrase is widely used in different branches of law; in Administrative law it is mainly used with respect to an administrative body. In Criminal law it is used with respect to law enforcement agencies, in Company law it is used with reference to the corporate capacity of a company. The Doctrine of Ultra Vires states that any act done by the company which is not the stated object of the company, or is beyond it corporate capacity is void for being Ultra Vires. Even in company law…