Common law

The English are proud of their common law legal system. The common law includes tradition, custom, fundamental principles, modes of reasoning, and the substance of its rules. As it is, the common law mind is an expression of the special talent of the English to appreciate fairness, liberty and certainty. The guiding principle of the common law is, that similar cases should receive similar treatment under the law. Common law principles are established and developed through the opinions of…

truly intention that the law makers have. In other words, the courts will look at the “mischief” that was intended by the legislatures when the words in the statute are not unambiguous and plain. Hence, the purpose of using this rule is to identify the mischief and defect in statute and want to implement the remedy for the people involved under the law . Mischief rule is the most flexible rule of interpretation of any act yet it is restricted to use the previous common law to determine the…

is very simple, laws. Another thing to think about is what are laws? Most importantly, where did laws come from? According to history, our law system came from Great Britain. Make sense, considering that Great Brian was the only foundation we knew of when we broke free from them. Originally when the thirteen colonies came from Europe to the United States, they brought their own set of rules and principles to be used in their new society. The English Common Law was the system of law in England at…

Common Law Development Australia has not formally recognised a legal right to privacy, however, it is argued that privacy is incidentally protected by other civil actions, such as breach of confidence, or trespass. The absence of a common law right to privacy was established in Victoria Park Racing and Recreation Grounds Co Ltd v Taylor (‘Victoria’). Nevertheless, this long established principle was challenged recently in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (‘Lenah')…

the issue of fusion between Common Law and Equity it is very important to look back at the history of equity, where common law is widely discuss and debates, the same should also apply to equity. At the early stage of equity it seems that common law and equity principle are very differ in principles where the common law seek justice through precedents, equity thrive by its own set of principles, one of its principle is to judge a case by case basis. Based on English law history it all started…

Critical Review: The Common Place of Law The Common Place of Law is an interesting empirical research of legal consciousness that is actually a very strong logical theory, in which law is recognized as both constituting and being constituted by social relations and cultural practice. The question that Ewick and Silbey spawn their theory from comes from the classic question, “how is the law experienced” rather than “what is the law,” this was a very compellingly argument made by Ewick and Silbey.…

In the Common Law system, I think plea-bargaining is more likely going to make it easier for me to receive this verdict. I think plea-bargaining would make it easier because of classism and peoples overall socioeconomic differences. For example, America is built and invested in the idea that it is a capitalist society. However, not all members of its society are financially stable enough to afford the best lawyers to represent them. As a result, people who are accused of crimes from the lower…

countries, such as Germany, Spain, Italy, Japan and even India. The company has slated her to speak to the Maori of New Zealand to open a branch outside of Auckland. She has an understanding of the New Zealand’s European Common Law. It is similar to America’s English Common Laws; New Zealand only has a few Parliamentary changes. Both countries speak English. Also both governments are members of OCED (Organisation for Economic Co-operation and Development). OCED country members discuss and form…

Civil law originated in the Roman Empire and extended to Europe (Glenn200, 119). When the empire declined so did its legal system. In the 11th to 13th centuries Rome revised the European system. The revision gave key legal codes that influenced Europe and other colonized territories (David and Brierley, 1985). Common law came from the British Isles following the military conquest of England from the Normans (Glenn 2000: Whincup, 1992). The Normans introduced the institution of jury and the…

The Common Law establishes duties for the different entities and personnel associated with the medical field. This includes the manufacturers of prescription drugs and medical devices, as well as the prescribing and treating physicians. Then a Georgia State Board of Pharmacy regulation establishes a duty for pharmacists. Under the common law, manufacturers of prescription drugs and medical devices have a duty to warn physicians about side effects associated with their products, this warning…