Common law

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…

explain or describe common law, stare decisis and the use of precedence in the United States? What do you think about the power of the courts under this system? What are the pros and cons (good and bad) aspects of this type of legal system? Common Law is the laws that developed from English court decisions and customs and that form the basis of laws in the U.S. Stare decisis distinguishes the common law from the civil-law system. It gives a great weight to the code of laws and the opinions of…

International/Public law concerns the laws effecting inter-state relationships and state/international institutions; such as the United Nations; as in Treaty of Rome 1957 . Institutions create international law such as the ECHR . National law deals with issues only within its own jurisdiction. International law is consensual – 47 states have currently signed the ECHR. National law makes binding precedent based on its own constitution and legal system. International law is also still relatively…

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…

When imagining the perfect wedding, the atmosphere is filled with children 's laughter, terrible jokes, and nervous excitement. An individual may continue this vision with two beautiful little children in the arms of the love of his/her life. Sounds like a dream, doesn’t it? Unfortunately, for some couples, what had started as a dream resulted in a nightmare. For other couples, this was not their future dream to begin with. Cohabitation can either prevent the nightmare or be the future dream…

Cohabitation includes two individuals that are living together that are not legally married or bound together. This is a growing phenomenon that we continue to learn about and the amount of research on this subject continues to increase because how common this issue is in today’s society. Between 2000 and 2011, the percent of the US population cohabiting with a partner rose from under 5% to approximately 7% (Cherlinet al. 2013). There are various views, beliefs, and reasons behind the decision…

In today’s society, cohabitation could be approached as a form of pair bonding. In the past, this sate of living between couples was frowned upon. Marriage will not become obsolete per se, but, this type of living arrangement is becoming more of a reality for some couples. Cohabitation can vary amongst male and female. One person within the couple may be dependent while the other is more independent. The dependent is usually desperate enough to not live alone. Thus, dealing with unpleasant…

“empirical studies by social psychologists have consistently found that married people report higher levels of personal happiness than unmarried people”. Married couples associate more with the community, normally have better relationships with their in-laws and enjoy the benefits of a church family who help in times of need (Larson, 2001, p. 7). When two people decide to get married and make a commitment to each other, they usually take that commitment serious. Married couples are not…

someone else are compatible living together? What about marriage counselors? What about seeing if your personalities would go well together? But it is not possible that you could tell that while you are dating? Another point to be made is that it is common that couples who live together have a child. Sometimes they keep the baby and sometimes the woman aborts the baby which is completely wrong and causes all kinds of problems. But let’s say they keep the baby, but they don’t get married.…

The concept of ‘law’ has proven itself a tricky one to articulate. Despite its relevance within society, it is hard to condense the idea of law down to its core tenets. In their quest for a concise definition, legal theorists have approached law from different angles, and have tended to divide themselves into two groups – those who believe that any summation of law must include reference to morality, and those who believe that the idea of law either can or must be completely distinguished from…