...The law and business go hand in hand. To run a business- without any or many problems- one has to know and understand the laws and where they came from and how they pertain to your organization. Common law was founded on common sense. But because many do not have common sense, case law and/or civil law has to take place. Let us try to figure out the common law tradition and the sources of the law . Common law tradition originated far from America. “The Common Law Tradition, in general terms, sometimes referred to as Anglo-American Law, is a body of customary law originating in the Common Law courts of Medieval England. The system is based upon judicial decisions which were then published in reports of decided cases”. And this is how the precedent for other cases is defined- all through this tradition of Common Law. First, to understand common law you must understand the law- why it is here and that it keeps changing- as the people needs and wants and technology keep changing. The concept of law is broad. Although it is difficult to state a precise definition, Black’s Law Dictionary states the definition of the law is-“that which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force”. Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed...
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...Classification of Law 1. Civil law and Criminal law……………………………………………………….. 2 2. Sources of Law ……………………………………………………………… 3-8 I. Common Law ……………………………………………………… 3-5 II. Common Law and Equity ……………………………………………… 5-7 III. Statute Law ……………………………………………………………… 7-8 Conclusion ……………………………………………………………………………… 8-9 Bibliography …………………………………………………………………………….... 10 Introduction According to the statement on p.25 in Antoine’s book, Commonwealth Caribbean Law and Legal Systems, there is no general agreement as to how legal systems should be classified. Some writers emphasize a socialist legal tradition; others are concerned with technical differences while some also place more importance on the sources or origins of the law and its structure and methods. Source The socialist legal tradition has its historical origin in the Bolshevist Revolution of 1917 initiating the international and economic order known as Socialism or communism. The main legal distinguishing feature between socialist tradition and the common law or Romano- Germanic tradition is ideology. The socialist argue that law cannot be isolated from the social political and economic order within which it operates, making these elements fundamentally important in determining the type of legal system in existence. The Socialist legal tradition therefore embodies its original meaning aimed at achieving a communist state Rose-Marie Belle Antoine Commonwealth Caribbean Law and legal system...
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...This paper will explore crucial judicial developments and legislative reforms within each of the traditions of Common law, Civil law, Islamic law and International law and how the key elements have forged the evolutionary journey towards uniformity of rules. Similarities and stark differences in the approach of the four abovementioned legal systems will be noted in an effort to verify which, if any, of the legal systems have achieved uniformity of rules. The extent to which uniformity of rules was lacking originally will also be examined. To inform the analysis of ‘uniformity of rules’ the Oxford Dictionary definition for uniform will be used. ie ‘not varying; the same in all cases and at all time’.[1] Therefore by extrapolation the understanding of ‘uniformity of rules’ will be taken to mean that the same rules should be applied to the same or, perhaps similar set of circumstances and by so doing the same outcomes should be achieved. This broad yet specific and quite literal conjecture will be used as a frame of reference for the following discussion. In England prior to the Norman Conquest of 1066 AD local customary law prevailed. At this time customary law could be viewed as perhaps being uniform to the extent that it was the type of law applied throughout the land however, customs differed from one locality to the next. Subsequently, there was no consistency in customary rules across the board per se, nor in how they were applied.[2] Cook et al suggest that...
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...1.2.1 Common law The term common law gives rise to diffi culty as it has several meanings, so any meaning depends upon the context in which the term is used: Common law may mean the law created by the common law courts in contrast to the law created by the Court of Chancery, which was called equity. Common law may m • ean all the law created by the courts, including the law of equity, as opposed to the law created by Parliament, that is legislation. In this sense, common law may be also termed ‘judge- made’ law. • Common law may refer to a legal tradition which defi nes the English legal system and other derivative legal systems as opposed to the civilian legal tradition exemplifi ed by the systems of mainland Europe. Apart from England and Wales other examples of a common law tradition are to be found in the legal systems of the states of the United States (with the exception of Louisiana), Canada, and Australia. Common law in this sense refers to forms of law- making, particularly judge- made law, which is governed by the doctrine of judicial precedent. The characteristic feature of the civilian systems is that law is to be found in codes made by the legislature. The civilian tradition is seen in the legal systems of France and Germany. While the French law of contract is codifi ed and to be found in legislative form, the English law of contract is to be found mainly in the decisions of judges as reported in 7 Common law and equity the law reports. As will...
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...Introduction to Law and Legal Reasoning Answers to Questions in the Reviewing Feature AT THE END OF THE CHAPTER 1A. PARTIES The automobile manufacturers are the plaintiffs, and the state of California is the defendant. 2A. Remedy The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions. 3A. Source of law This case involves a law passed by the California legislature and a federal statute; thus the primary source of law is statutory law. 4A. Finding the law Federal statutes are found in the United States Code, and California statutes are published in the California Code. You would look in these sources to find the relevant state and federal statutes. Answer to Debate This Question in the Reviewing Feature at the End of the Chapter UNDER THE DOCTRINE OF STARE DECISIS, COURTS ARE OBLIGATED TO FOLLOW THE PRECEDENTS ESTABLISHED IN THEIR JURISDICTIONS UNLESS THERE IS A COMPELLING REASON NOT TO. SHOULD U.S. COURTS CONTINUE TO ADHERE TO THIS COMMON LAW PRINCIPLE, GIVEN THAT OUR GOVERNMENT NOW REGULATES SO MANY AREAS BY STATUTE? BOTH ENGLAND AND THE U.S. LEGAL SYSTEMS WERE CONSTRUCTED ON THE COMMON LAW SYSTEM. THE DOCTRINE OF STARE DECISIS HAS ALWAYS BEEN A MAJOR PART OF THIS SYSTEM—COURTS SHOULD FOLLOW PRECEDENTS WHEN THEY ARE CLEARLY ESTABLISHED, EXCEPTED UNDER COMPELLING REASONS. EVEN THOUGH MORE COMMON LAW IS BEING TURNED INTO STATUTORY LAW, THE DOCTRINE...
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...LAW AND THE LEGAL SYSTEM PLA 3014 SPRING SEMESTER 2016, Exam #1 CONCEPTS TO HELP YOU REVIEW I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer Sections of Exam Civil Disobedience What are the functions that law fulfills in society? (pp. 2-4) Malum in Se (and be able to identify examples illustrating these laws) Malum Prohibitum (and be able to identify examples illustrating these laws) Precedent (and why important to the common law and our court system) Stare Decisis (and why important to the common law and our court system) What is Natural Law? Why important to history and formation of common law? What is Positive Law? What is the “sociological theory of law?” What are the four primary sources of law? Where do we find “law” today? What was the most important source of law historically for the common law? What is the order of importance of sources of law today in U.S.? Change in Legal Methodology in U.S. (hint: what was the change in focus in the US regarding the four sources of law? Why? See p. 37) What are the major differences between criminal and civil law in the U.S. today? Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society What are the four global legal traditions? Which are most prevalent today? Be able to briefly define each of the four global legal traditions and provide...
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...STUDENTS CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and serves as a legal precedent—a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts. A court will...
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...The laws of Malaysia can be classified into two types of laws, which are written law and unwritten law. Written laws are the Malaysia’s most important source of law. These written laws are made up of Federal Constitution, Acts of Parliament and Enactments, and subsidiary/delegated legislation. Unwritten laws are laws which are not enacted by the legislature (Parliament and State Assemblies) and not found in the constitution, both federal and state. This is known as the English common law and the rules of equity. In case, if there is no law governing a particular circumstance, Malaysian case law may apply. If there is no Malaysian case law, English case law can be applied in accordance with the Civil Law Act 1956 (Revised 1972) only in the absence of local statues on the particular subject matter. It is mean that the common law and the rules of equity can be modified and should not follow the same law as administered in England. Common law and the rules of equity can be developed and amended according to the local needs. S3(1) of the Civil Law Act 1956 statutorily provides that only the part of the English Law that is suited to the local circumstances are to be applied : I. West Malaysia - the English common law and the rules of equity and statues of general application in England as 1 December 1951. II. Sabah – the English common law and the rules of equity and statues of general application in England as at 1 December 1951. III. Sarawak – the English common law and...
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...more than the systematic recognition that law is always fluid, pluralistic, contested and subject to often contradictory pressures from both inside and outside its jurisdiction; that it reflects an always unstable diversity of traditions, interests, allegiances, and ultimate values and beliefs. If the comparative perspective on law was once a view of the exotic ‘legal other’ or of the ‘external relations’ of one’s own law with the law of other peoples in other lands, now it is a view of transnational legal patterns and of the cultural complexities of law at home. We live in conditions where the law of the nation-state must respond to a great plurality of demands from different population groups within its jurisdiction. At the same time, it must respond to powerful external pressures. Legal thought in national contexts is being fragmented from within in a new ‘jurisprudence of difference’…and globalized from without in demands for transnational harmonization or uniformity. (“Culture, Comparison, Community” by Roger Cotterrell) Kindly react to this statement, supporting your personal views and conclusions with research, analysis, examples and well-reasoned argumentation. I. Introduction 1 The phenomenon of ‘globalisation’, exemplified by the growing interconnectedness between nations, leads to inevitable interactions between legal systems. Roger Cotterell’s statement illuminates the myriad of overlapping concepts in comparative law that facilitates our understanding of these...
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...Introduction:-From the viewpoint of the application of the particular branch of law upon the person, laws may be either territorial or personal. A personal law is that branch of civil law which applies upon the person of the particular religious community. Thus the Mohammedan Law applies upon the Muslims. Muslim Law in India means “that portion of Islamic Civil Law which is applied to Muslims as a personal Law”. It consist of the injunctions of Quran, of the traditional introduced by the ‘practice’ of the Prophet ,of the common opinion of the jurist ,of the analogical deduction of these three,and of the pre –Islamic custom not abrogated by the Prophet Mohammed. Further, it has been supplemented by the juristic preference, precedents Quran the foundation of Mohummedan Law:- Muslim Law is the founded upon ‘Al-Quran (The word “Quran”, derived from the verb “Qara”(together to read) signified properly reading) which is believed by the musalmans to have existed from eternity, subsisting in the very essence of God. The Prophet Mohammad himself that it was revealed to him by the angel “Gabriel” in various portions and at different times.Its texts are held by Muslims to be decisive as being the word of God (Kalam allah),transmitted to man through the Prophet. Besides inculcating religious and theology, the ‘Quran’ contain also passage which applicable to jurisprudence, which form the principal basis of the ‘sharia’. The Quran is, Al-furqan, i.e., one showing truth from...
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... Business Law Hazel G. Sturdebant OUTLINE PAPER TITLE: the common law tradition and sources of law I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term "common law" also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. Anglo-American common law traces its roots...
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...Politics Essay The UK needs a codified constitution: A constitution is a set of laws, rules and practices that authorize the state to govern, also specifying the powers of the governing institution and the formal relationships between them, civilian and the state. There are numerous types of constitution. Constitutions could be codified and uncodified, unitary (Centralized government makes legislation, and passes it down through local authorities) or federal (Power travels up through regional bodies to the centralized state.) The United Kingdom is unique in other words there are just 4 nations around the globe that have a written constitution and the UK is one of them. The others being Israel, Canada and New Zealand. On the other hand the USA is an example of a codified constitution. A codified constitution is a constitution in which key written documents are gathered inside a single document, it is generally known as a written constitution. Additionally they are entrenched, enjoying the protection of higher court. Moreover in a codified constitution laws can only be amended by special provisions. Therefore making it rigid, in other words it is extremely difficult to pass laws in a codified constitution. Alongside this, an uncodifed constitution relies on various sources meaning it is not written down in a single document, this is in contrast to a codified constitution where all the laws are to be found in one single document. In addition an uncodified constitution is not...
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...Definition of Roman law “Between 753 b.c. and a.d. 1453, the legal principles, procedures, and institutions of Roman law dominated Western, and parts of Eastern, civilization. The legal systems of western Europe, with the exception of Great Britain, are based on Roman law and are called civil-law systems. Even the common-law tradition found in the English-speaking world has been influenced by it. In the United States, the Common Law has been paramount, but Roman law has influenced the law of the state of Louisiana, a former French territory that adopted a French civil-law code. Roman law began as an attempt to codify a set of legal principles for all citizens. In 450 b.c. the Twelve Tables were erected in the Roman Forum. Set forth in tablets of wood or bronze, the law was put on public display, where it could be invoked by persons seeking remedies for their problems. Though the texts of the tablets have not survived, historians believe they dealt with legal procedures, torts, and Family Law issues. From 753 to 31 b.c., the Roman republic developed the jus civile, or Civil Law. This law was based on both custom and legislation and applied only to Roman citizens. By the third century b.c., the Romans developed the jus gentium, rules of International Law that were applied to interactions between Romans and foreigners. Over time the jus gentium became a massive compendium of law produced by magistrates and governors. Romans divided the law into jus scriptum, written law, and jus non...
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...critical analysis of the textual and contextual part of laws of the Islamic Republic of Afghanistan According to the Constitution, Afghanistan is an Islamic Republic, independent, unitary and indivisible state. It aims at consolidating national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, for establishing a government based on people's will and democracy. Also for the first time, any constitution of this state has recognized and given place to human rights and fundamental rights. The government comprises of a Council of Ministers and a National Assembly. The President is the head of the state and the Commander-in-chief of the army. The country has been through many political upheavals and the current constitution was adopted post withdrawal of American NATO forces and an executive president was elected. The National Assembly is composed of the House of People(Woleshi Jirga) and the House of Elders (Meshrana Jirga). The first legislature was elected in 2005 and then re-elected in 2010. The current parliamentary members mostly comprise of former mujahedeen, Islamic fundamentalists, reformists, communists and several Taliban members. The current Afghanistan government system consists of three branches of power- executive, legislature and judiciary overseen by a system of checks and balances. The Afghanistan legal system is mostly a mixture of civil, customary and Islamic law. In contrast to most nation states where State power...
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...Funeral Traditions in America from Around The World America has many traditions, but one tradition that many don’t like to speak of is funerals. A funeral is when a loved one has passed and there is a celebration of life and put to rest, in this case with many traditions around the world there are different ways of remembering ones loved one when passing. America is a big continent where many people from around the world live in and bring their traditions with them and still continue them here, and one of those traditions is a funeral. To begin with one of the popular traditions that are regular to do in most places like in the article that Marian T. Horvat states is in the past, the funeral was held from the home or from funeral parlors. In the former case, rarely practiced in the United States today, the body was prepared to repose in the person’s own bed for twelve hours, during which time only family members were received to offer their last respects and prayers. After this the coffin was placed in the living room, and the bereaved family received condolence visits from friends and neighbors. As a point of honor and respect, the family made sure that at least one person kept watch over the deceased at all hours until the body was taken to the Church for the requiem Mass and then burial. The term wake came from this time of watch. The customs vary in each country, but in general, the deceased is laid out at the family home or the hospital chapel, often in an open coffin...
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