The commons

Letters were the principle means of influencing actions and opinions and of communicating with people at a distance in the eleventh and twelfth centuries. Many valuable insights can be detected from medieval letters about the practice of legal history, most of which appears to be based on how law has exceeded Roman and canon law and developed on the kind of assumptions about what is right or wrong. Susan Reynold’s argument that before 1100 law has traditionally been seen as based on ordeals…

found to be taking on water and required rescue. DJ is considering litigation against CJS Inc. for this incident, in which case DJ would be the plaintiff and CJS Inc. would be the defendant. In this fact scenario DJ had contractual rights under the common law. It should also be apparent that litigation should not be taken against the salesperson who assisted DJ with the purchase, as vicarious liability which should protect her because she was simply acting within the ordinary course of…

nature. One consents when one obtains possessions and benefits from government resources and laws. One sacrifices the power to create laws, declare war and peace, and judge disputes. One then gains protection of their rights in accordance to the common good. Enforcement of laws that identify right from wrong and impartial judges preserve protection. Most important, a government's role is to serve the populace. Through a representative democracy, government will reflect their will. But, consent…

The Common law principle that if an interest created in favour of a class failed with regard to some of the persons of that class, such interest failed as regards the whole class was expounded in the case of Leake v. Robinson . This principle was upheld in the case of Pearks v. Mosley . Under Hindu law, the gift to an unborn child was void. In the case of Rai Bishen Chand v. Asmaidd it was held by the Privy Council that a gift to an unborn grandson failed not because of the rules contained in…

Respiratory Syncytial Virus (RSV) is a viral infection that affects young children and infants, but may also affect adults. RSV belongs to the family of paramyxoviruses and is classified in the genus pneumoviruses. There are at least ten polypeptides of RSV that exist. RSV is an ssRNA, enveloped virus ranging in size from 120-300nm, its envelope contains two proteins and two glycoproteins, according to virology-online. It has two subtypes A and B with, it is believed that subtype A exhibits…

The United States adopted the English Common Law and court structure in the early day there were quarter sessions courts and surrogate courts. America was a frontier country, and each colony adapted differently. This all changed during the Constitutional Convention the decision was the separate the federal court and the state court known as the dual court system. Even in today’s society, we are under that same dual court system. A parallel system of criminal justice was formed with this.…

Trial by Jury is a venerated feature of the English Legal System and traces its roots back to Magna Carta in 1215. However, despite being the subject of media scrutiny in more recent years, it is important to consider the merits of the jury system as it represents more than just democratic fairness, they embody dedication to delivering justice and encompass a unique set of morals used as guidance to deliver it correctly. Perhaps the benefits of jury trials are best argued when considering the…

When you first start reading Kitty Calavita ‘s Introduction to law and society you begin to wonder what the book will truly be about. She starts off telling you about the history of the study of law and society. She then begins to tell of how society defines law and how a definition is hard to establish. As you continue through the book you discover that Calavita is trying to make three main points. These points I would argue are law is created by society and guided by society, Law allows…

In her book, Poetic Justice, American philosopher and Professor of Law and Ethics Martha Nussbaum writes that when we read narrative, “we are, in effect, being constituted by the novel as judges of a certain sort.” (Nussbaum 83) She believes that the ideal judge is not one who can remove all emotion from his reasoning, but instead one who can serve as what Adam Smith called a “judicious spectator”; “capable of entering imaginatively into the lives of distant others and (having) emotions related…

The judicial systems of various countries operate in such a manner where the fundamental belief of justice is carried out based on the code of law. Since every country is governed by its own set of laws and rules, due process for such criminal acts will not have the same punishment or consequences like those here in the United States. As such, the country of Australia will be analyzed in order to understand how the judicial system and the application of criminal responsibility work. The…