Common law

It is an interesting topic, a topic that media seems to be so interested in. In 2011, the most controversial topic that year was the 72-day-marriage of Kim Kardashian and Kris Humphries. This alarming news made divorce seem like such a common, simple issue to be dealt with in no time. Divorce seems to be increasing each year, especially since this issue has become less taboo in more recent years. With the amount of divorces occurring each year, it is impossible not to wonder what causes them.…

be legal in all states. Cohabitation is a new lifestyle type for many and since it has been practiced for so long that it is now considered a norm, especially since most children now are born into the homes of unmarried parents. “Cohabitation is a common part of family formation in the United States, and serves both as a step toward marriage and as an alternative to marriage” (Jayson). Cohabitation itself all began when the meaning of a family was altered. People started to feel that even…

asleep. Although this scenario takes us back in time, guests still have certain hopes when staying at hotels and they need to be protected from crooked hotel operators. This is why we still have innkeeper laws on the books today, still mostly based off of English common law. Special common laws were developed specifically regarding the rights…

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…

Sources of the Law in England and Wales Introduction Sovereign Body of Parliament has created the legislation in England and Wales. The sovereign body is three-layer legislation in which Queen plays a formal role, House of Commons creates legislation, which is referred as statues, lastly, the House of Lords, which acts as a supreme court in English law. English Law is one of the largest written laws in the world, and many countries have referred English Law to construct their law, and that is…

of Great Britain’. Scots law is a legal system which includes elements of civil law and common law. Scots law is based on several sources of law: the legislation or statute law, a written enactment of legal rules passed by the Parliament; the common law: judicial precedent, institutional writings and custom. Legislation is the primary source of Scots law and it is decided and approved by the parliamentary will. There are three sources of legislation binding in Scots law: - European legislation -…

HCA’s reasoning was underpinned by the fundamental equitable maxims; equity is equality and equity follows the law. The operation of these maxims sheds further light on the rationale for the HCA’s conclusions and, more broadly, helps to explain the nature of equity. The doctrine of contribution reflects the ‘natural justice’ that equity seeks to provide, by ensuring that parties sharing common obligations contribute proportionally to the fulfilment of that obligation. Thus, the doctrine of…

The Australian Consumer Law (ACL), common law and equity play essential roles in enforcing the appropriate standards of conduct in contractual dealings in Australia. The ACL is consumer protection legislation that sets the appropriate standard of conduct required in commercial dealings of trade or commerce. Common law and equity ensure appropriate standards are adhered to in all transactions not covered by this legislation. Common law is also important in interpreting some of the broader…

administered at three levels, 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…

be? Civil law codes have a much stronger legislated relationship to moral obligations than common law. The French Penal Code has specific rules pertaining to the failure to provide aid to anyone in peril, much like the German Penal Code, Strafgesetzbuch (abbreviated to StGB). Civil LAw tradition imposes a civic duty upon all its citizens, unlike the common law tradition, which places greater emphasis on the separation of law and moral obligation. Duty to Rescue under Civil Law Civil law codes…