Common law

2,500 members (and rapidly declining). This is without counting the words in our by-laws. The need for reform in the unwieldy, complicated, document that governs our Association is obvious. In its current form the constitution and by-laws allow for challenges to almost anything that National Council, expressing the will of the broader membership, passes at its six-monthly meetings. The constitution and by-laws needs to be totally re-written in plain language. They should be simple and no…

discusses the transformation of law as a profession to law as a business. Despite the age of commercialization, the profession of law continues to regulate formal admission. The author argues that the commercialization of law depends on several factors such as the decision to become a lawyer, the rites of passage, the dynamics of gender and generation and finally, personal choice. Through interviews of lawyers, the author describes their different motivations for choosing law as a profession.…

What responsibilities and rights come to a citizen of the United States at the age of 18? At 18 years old, you can decide who you want to lead the United States by voting. You can also decide if you want to take a bullet for our country and enroll in the armed forces. At 18, you are now even trialed as an adult if you commit a crime. You have all these adult responsibilities and even consequences once you turn 18, but you can’t even make the decision to purchase and consume alcoholic beverages.…

Professions Code section 6148. Please review the agreement below and advice if acceptable. Please keep in mind this agreement will not be valid until the agreement is fully executed. 1. This agreement is between Archer Law Offices and Harvey Sample. 2. General Nature of Assistance- Archer Law Office will assist Harvey Sample with the divorce proceedings. If Harvey Sample scope changes from standard divorce proceedings there will be additional fees and discovery charges. Scope change will not…

McClatchey makes two arguments against the reasonableness of such an inference. He first contends that his surprise at learning of the failure to provide services and his directive to McGrath and legal counsel to investigate and remedy that situation belies an inference of criminal intent. McClatchey also argues that his actions throughout the negotiation process cannot give rise to an inference of his criminal intent because they were entirely directed and controlled by legal counsel. Here,…

A Professor of Law at George Mason University wrote an article about the jury nullification in the Washington Post. In it he focuses of various aspects that make this process so interesting and contradicting. The author give his personal view on jury nullification and his initial attitude toward it. Jury nullification can be seen as a two edged sword, because it is not applied on constant and consistent basis. The author, Ilya Somin agrees that it can curb unjust laws, however it…

This case is related to a suit filed by Fitl on Mark. Fitl claimed that he was sold an ungradable sports card by Mark. Mark claimed that Fitl did not inform him of this defect on time due to which he was not liable for any damages faced by him. Court decided in favor of Fitl and awarded him $17, 750. When Stark made an appeal in another court, this decision was maintained in favor of Fitl. In this case study, focus is towards written agreement and its accountability. In case there was a written…

Has there ever been accidents that defendants have done that is so negligent, that when people hear about it they simply cannot help but shake their heads and ask “what were they thinking of?” The term res ipsa loquitur is very similar to that type of thinking. Res ipsa loquitur is derived from the Latin language and when translated means “the thing speaks for itself” It is a doctrine that specifies that a breach of a party's duty of care may be concluded from the events that occurred…

During the 17th century in the Colonial period early Americans didn’t have any suited rules, or laws to protect themselves from criminal behavior. During those years Americans developed their own mechanisms to then enforce the rules of society as well as punishing offenders. Today those are taken over by the police, courts, and corrections. Before any former laws were established in the United States, Americans relied on religion and sins to improve people’s life. That’s why many of their…

Legalism was based off a fixed system of laws that defined a specific fixed penalty for each certain offense. Legalism had no bias or changing of the penalties, no matter what class or circumstances, there wasn’t even an exception for the ruler who was considered to be above the law. While working a case judges had to find out what the crime was and then the punishment was given immediately, since penalties were fixed. On page 59, when Judge Dee begins to suspect Mrs. Djou of killing her…