Common law

The following outlines the material facts, key legal issues and common law rules in Plenty v Dillon. Material Facts in Plenty v Dillon. Police officers Michael Kenneth Dillon and Robyn Ann Will entered the property of Sydney Graham Plenty on the 5th of December 1978 to serve a summons on his daughter in accordance with the Juvenile Courts Act 1971 (S.A.). The property was a small farm located near Port Pirie in South Australia. There was no implied or explicit consent from Mr Plenty for 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.…

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,…

with each other; a French company that is headquartered in France operates in the U.S. and a German company operates in India. Actually, the international interaction of business units all over the world requires the implementation of international laws systems in order to protect businesses that operate abroad from local policies and regulations, especially in the developing countries, and host countries from taking advantage of their business immaturity from foreign businesses, especially…

AU$18.5 billion. These figures are roughly 100 times more than 45 years ago (Global Sales and Contract Law, 2012). At the dawn of the 21st century when commerce is more integrated than ever before and jurisdictions are attempting to make themselves more commercially flexible, exercises aimed at rendering the common law less opaque and creating a common legal grammar, if not a common substantive law, should not be unduly discarded. So why has Australia taken such a ‘piecemeal’ approach to the…

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…

Blackstone proposed the declaratory theory, namely judges are ‘not delegated to pronounce a new law, but to maintain and expound the old one’. Lord Esher’s judgment in Willis v Baddeley contended that judges ‘frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.’ They believe that judges’ role is just to discover law and apply it to different circumstances. However, this theory then was widely…

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…

For common law system, there are Scotland, the United States of America, South Africa and Australia. For civil law system, there are Germany, France and Italy. In Australia, the case United Group Rail Services v Rail Corporation in New South Wales proved the affirmative attitude of the government towards the principle of good faith. In Scotland, Lord Clyde in the case Smith v Governor & Company of the Bank of Scotland agreed the “broad principle in contract law of fair dealing in good…

many influences on Canadian law including Hammurabi, Mosaic, and Roman. Britain has had the most influence on Canadian law. Although there have been many influences on Canada 's legal system, Britain has had the most impact for reasons such as Trial by Combat and Ordeal, Common Law, Rule of Law and the British North American Act of 1867. The impact that the Hammurabi laws have had on Canada 's legal system today is that the laws are known, along with the hierarchy of laws. Hammurabi was a famous…