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The Advantages Of Common Law And Civil Law
Despite the existing literature presenting an overarching sentiment that common law Is superior to civil law in terms of fostering economic growth,
civil law still has some advantages. The centralised nature of the civil law system, while regarded as detrimental in reference to diffusion of
governmental power, can be interpreted as asset in that the codes created through this system "favour standardisation ... and can then avoid the
emergence of inefficient legal rules ... that characterises common law systems." Further, the divide between common and civil law systems in terms
of judicial authority might not be as large as widely believed. In theory, a judge within a common law system acts as neutral authority between two
adversarial parties and then forms a decision by either following or setting a precedent. In civil law judges are to play a more investigative role and are
"not recognised as a source of law ... (their) role is to interpret and apply the law." However, Arrunada and Andonovo found that civil law courts have
side–stepped certain codes when efficiency has come into question by "stretching the interpretation" of words such as 'fairly' and 'good faith.' This
would mean that civil law is a more flexible system than commonly regarded and thus the perceived divide between common and civil law systems
in terms of economic prosperity might not be as wide and so the lack of adaptability of civil law might not be as significant of a weakness as
previously believed.
The
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Definition And History Of Case Law Essay
Introduction
Within this assignment, the definition and history of case law will be clearly explained. Equity and custom will also be given a definition. It is
important to understand these definitions before discussing a few of the equitable maxims. A brief description about the jurisprudence of the European
Court of Human Rights and the impact it has will also be included in this assignment. In relation to case law, the European Courts of Justice and the
hierarchy of the courts will be discussed so a better understanding can be created about the role of case law.
Case Law
Case law can be described as the law that was produced by judges when deciding disputes in court. When judges are challenged with interpreting
statutes, they will look at similar cases from the past and apply the same law to the case brought before them today. James Holland defines case law as
"the term we use to describe the collection of all the legal principles emanating from all the reports cases on a given topic." Law created in this way is
also referred to as 'Common law'. Common law is law that is common to England and is applied throughout the country. Sir William Blackstone gave
his own definition of common law by stating that "common law, properly so called" is "unwritten law".
History of Common Law
"Before the Norman Conquest in 1066, there was no single system of law that was common to the whole of the country." Instead, there were different
systems of law, such as Wessex Law and
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Law And Morality Essay
Law and Morality
It is not an everyday occurrence that someone must decide the fate of another's life. The dilemma of making a decision that someone must die in
order for the others to survive, can obviously be troubling. The process in which the termination of one's life may be easy to make, but to justify that
decision is the most difficult one. This paper is given a situation in which a decision of taking one's life is essential. The situation is that a nuclear war
has occurred, which has destroyed most of the centres of civilization. There are five people that are that have escaped death by finding their way to a
nuclear bunker. These five people consist of a pregnant woman; an old man, who is a retired judge; two teenagers – a...show more content...
Law and morality play a large role here, mainly because there is a legal issue and a moral issue associated with the predicament. The reason law has
a part in the situation is that after the decision is made, it will be examined legally and must be accountable for its consequences. Morality has its
place too, because many will find it morally wrong to take one's life despite any justification. ....there is some connection between law and morality,
but the two are clearly not identical. First, morality is only concerned with right or wrong, with the good and evil; law is concerned with lots of things
on which there is no right and wrong – procedures for land registration, incorporation and so on.
Second, morality is to some extent uncertain and a matter for each individual, law tries to be objective, written down in black and white and there for
all to see. Third, morality often leaves things vague and subject to general principle, law goes into specifics.1
From that description of law and morality, it is obvious how they relate to the issue here. When the time comes for one of the five people in the bunker
eventually to die, it must be legally justified. The reason for this is that murder is illegal, unless legally justified.2 On the other hand, reasons
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Sources Of Public International Law
Global Law 1028LAW Research Essay Sources of International Law Introduction Public International Law is known to be a set of rules and norms
generated and set by sources that are ought to be read, accepted, recognised, and signed by all states, and used as a boundary between these states.
This essay will analyse the different sources of Public International Law, and identify their strengths and weaknesses, and how they differ from the
sources of Law made and implemented in Australia's law system. Sources of law are basically the origin or authority by which rules and legal force
is derived and implemented or enforced. Sources of Public international Law Public International Law was created to develop a friendly, peaceful,
secure...show more content...
Treaties are able to keep an organisation's institution and structure stable, since it is legally binding. However, It is only binding by states that accept
it, but unfortunately not all states actually accept it, and sometimes peremptory norms(jus cogens) contradicts with the treaty. Customary international
law however is known to be a practice used by all states' territories, because states think its a legal obligation that should be enforced, and is codified
by treaties to protect the rights of states. Customary international law is argued to be inefficient, and unclear or vague and therefore a weak system
and is not well designed to aid people's human rights much as it is a creation of nations and not people, which might be true but to certain limitations.
Moreover, different norms and rules of different territorial states may contradict and cause problems between them. However some scholars say it is a
solution for the consequences that may be caused to a nation from another nation. Another advantage of customary international law is that even if it
has been existing for a very long time, it is still being practiced by many different states universally. Customary international law is not prioritised in
any way over the treaties, instead they both co–existed. The third source of public international law is the General Principles of law, which is mainly
based on the basic 'natural law',
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What are the sources of Law?
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems.
The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law.
European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English
Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on
the law of England.
Introduction: English Legal System
The English Legal System is used in the United Kingdom and it plays a...show more content...
The itinerant justices will then return and the customs of different parts of the country are discussed and decided to be kept or dismissed. Thus,
common law was created in 1250 and used to rule the whole country.
Under the Normans, Royal Courts began to emerge from the King's Council, also known as the Curia Regis. This causes the courts to lose power
and thus lost in income in a period of time. The history of Common Law is also stated in Donald L. Carper & Bill W. West's Understanding the Law .
Common Law today
Common law is the fundamental of law today; it is established by earlier judicial decisions and local customs. The common law is also known as case
law and what distinguishes it between other laws is that it is an unwritten law as St George Tucker points out the distinguishing factors of the common
law in View of the Constitution of the United States with Selected Writing .
Judicial precedent was then formed by common law and the Latin term 'Stare decisis' (Full: Stare decisis non queita movere) was also formed. The
meaning of stare decisis was explained in an article by guest author F.E Guerra–Pujol .
Common Law: Court Hierarchy
The hierarchy of courts is very important in the English Legal System where the lower courts are bound by decisions made by higher courts in the
hierarchy. The highest court in the United Kingdom is the
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The Importance Of Criminal Law
Criminal Law is part of the criminal justice system that has a set of rules and regulations that punishes criminal offenses against society. Laws in
society are to enforce the actions of people in society, keep great morale and punish criminals. In addition, Civil Law defined by dictionary, "The
body of laws of a state or nation regulating ordinary private matters," which can lead to lawsuits, which goes to tort law. Also, there are several
procedural defenses in the criminal justice system that criminals or defendants use to claim that they were discriminated against or wrongfully accused
of a crime in the system. In addition, there are excuses used in the criminal justice system that a criminal might use if they committed the crime,
but should not be held responsible due to certain circumstances at the time of the act. Furthermore, the criminal justice system has several defenses
and certain laws that enforce rules and regulations, such as civil law, procedural law, excuses, and procedural defenses. Civil law is very effective
in the criminal justice for many reasons. According to LSU Law, "Civil Law is comprehensive system of rules and principles usually arranged in
codes and easily accessible to citizens and jurists." This quote means that civil law is easily accessible by the public and has a set of rules and
regulations that can be addressed at any time in the criminal justice system. Also, according to LSU Law, "Civil law is an adaptable system, with civil
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Customs and courtesies Essay
US Army Customs and Courtesies A custom is a social norm stemming from tradition and enforced as an unwritten law. A courtesy is a respectful
behavior often linked to a custom. A military courtesy is such behavior extended to a person or thing that honors them in some way. Military customs
and courtesies define the profession of arms. When you display military customs and courtesies in various situations, you demonstrate to yourself and
others your commitment to duty, honor, and country. And your professionalism and pride. As a new soldier and future Army leader, you must
recognize that military customs and courtesies are your constant means of showing that the standard of conduct for officers and Soldiers is high and
...show more content...
PARADE REST: Like "Attention", Parade Rest is a form of respect given to NCOs by those junior in rank. When a Senior NCO enters an area of
junior enlisted soldiers or cadets, the room is called to "at ease". All personnelshould immediately go to the position of "stand at–ease" until told to
"carry–on". Likewise, when speaking to an NCO, soldiers junior in rank or cadets, will maintain the position of "parade rest" until instructed to "stand
at ease", "at ease", or "rest"/relax. Things you should never do or say: Never criticize the Army or a leader in public. Never go "over the heads" of
superiors–don't jump the chain of command. Never offer excuses. Never "wear" a superior's rank by saying something like, "the first sergeant
wants this done now," when in fact the first sergeant said no such thing. Speak with your own voice. Never turn and walk away to avoid giving the
hand salute. Never run indoors or pretend you don't hear (while driving, for example) to avoid standing reveille or retreat. Never appear in uniform
while under the influence of alcohol. If you don't know the answer to a superior's question, you will never go wrong with the response, "I don't know
sir, but I'll find
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The Sources Of The English Law Essay
1. Outline the sources of the English Law in the order of their importance. There are three main sources of English Law; domestic legislation,
European Union law and case law. Domestic legislation is created by Parliament. Each piece of legislation is an Act of Parliament and is recorded in
statute books, with Adams (2010, p.21) stating that "most English law is currently made by, or with the authority of Parliament". Domestic legislation
is the main source of law and arguably most important in the UK, Macintyre (2010, p.15) explains "Parliamentary sovereignty holds that Parliament
has the power to enact or revoke, any new law it pleases and that courts cannot question the validity of this law". This displays that domestic
legislation is more important than European Union law as Parliament has the sovereignty to repeal the European Communities Act 1972 and leave the
EU. Domestic legislation has shown its importance and demonstrated supremacy with cases like British Railways Board v Pickin [1974] where a
claimant's land had been compulsorily purchased under British Railways Act 1968 but claimed the statute was invalid. The claimant argued that
Parliament had been fraudulently misled into passing it. However, the House of Lords, then the highest court ruled that the argument could not be
raised in court. The law of the European Union has been a source of UK law since 1973 when the UK became a member of the European Economic
Community. European law is next in order of
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The Natural Law Theory Essay examples
Obeying by the natural law theory is the only true and moral way to live life; especially a life lived in God's image. God's presence is a guiding factor
to obtaining a moral and virtuous life, which can only be obtained by following the natural law theory. God created a set of laws as a supreme guide
for humans to live life, like any law these laws were created to ensure wellbeing for everyone. The laws he created are the civil law, the natural law
and the divine law God created them from a law much superior than the rest, one which only God himself has the knowledge of, the eternal law.
Humans actively participate in the eternal law of God by using reason in conformity with the Natural Law to discern what is good and evil(Magee 1). Of
...show more content...
Whatever is in motion now was at rest until moved by something else, and that by something else, and so on. But if there were an infinite series of
movers, all waiting to be moved by something else, then actual motion could never have got started, and there would be no motion now. But there is
motion now. So there must be a First Mover which is itself unmoved. This First Mover we call God (Archon 1).
The final crucial proof of the existence of God is Aquinas fourth proof. This proof looks at qualities of humans; all humans possess many different
attributes which we consider unique to each individual. This is when standards are formed humans began to have a certain criteria for how or what
someone with a given attribute should act or how they should portray themselves. The only way this standard could come into existence is to believe
that there is a perfect creation possessing all qualities and expressing them in the most precise and perfect way. This perfect creation is God, the
person in which humans get the laws at which the obeyed by. Aquinas five proofs of the existence of God are much more extensive but just looking at
the proof of motion and the proof of perfection it becomes unquestionable that there is an almighty creation. This superior creation creates laws at which
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The Role Of Law In The Common Law
Introduction
The essentials originally required to form a valid contract consist of an offer, a subsequent acceptance and consideration. However, since the nineteenth
century, another requirement concerning the existence of an intention to create legal relations was added . It is important to note that the common law
does not include this as a requirement and therefore it has caused controversy in the legal sphere with many inauspicious comments being raised
regarding its necessity.
This essay explains intention to create legal relations as a requirement and how it is applied by examining how it has been applied with reference to
relevant case law. In this context this essay will further present the two opposing views regarding the...show more content...
Domestic and social agreements
Sometimes the nature of an agreement clearly determines that there was no intention to be legally bound. In the case of domestic agreements, there is a
general presumption that the parties do not intend to be legally bound, though this can be rebutted.
There are two distinguishing cases under this category that show both sides of this principle.
The case of Balfour v Balfour (1919) presents a scenario in which the general presumption is upheld. In this case a husband promised to pay his wife a
monthly maintenance allowance of ВЈ30 while he was away. Later, the couple decided to separate and the husband refused to pay the allowance. It is
important here to accentuate the fact that the husband and wife were in good relations at the time the husband made the promise. The Court of Appeal
determined that there was no intention to create legal relations and consequently there was no valid contract as Atkin LJ stated that it was a 'family
matter'.
The case of Merritt v Merritt (1969) ensures that this presumption is not set in stone and can in fact be rebutted. In this case a husband promised his
wife that he would transfer their house to her sole ownership after she paid the mortgage off. After the wife paid off the mortgage, the husband refused
to transfer the house to her. This case differs from the previous one as the couple in this case was separated at the time they had made this
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International Law as Law Essay
International Law as Law
When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is
discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national
law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an
adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of
international law, in a world of nations which continue to increase in interdependence. Unlike municipal law, international law is a...show more content...
Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the
International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or
particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as
law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists
of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making
process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and
recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as
means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a
vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate
efforts to
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Sources of Law
3/25/2010
пЃЅ
Every lawyer needs to know where to find the Law, in relation to a particular issue, when he needs it. Hence, it is vital for the lawyer operating in a
specific legal system to know what the sources of law are in that system.
пЃЅ
1
3/25/2010
Material Sources of Law Formal
Historical Legislation Case–Law Custom
Legislation
A body of binding rules of Law
Constitution
Primary Legislation
Subsidiary Legislation
2
3/25/2010
THE CONSTITUTION
3
3/25/2010
пЃЅ
Supreme Law of the Land Section 2 of the Constitution:
"This Constitution is the supreme law of Mauritius, and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the
...show more content...
In Dlamini v The State [2000] 2 LRC 239, at para 74, the Constitutional Court very aptly observed:
„what is of importance is that the grant or refusal of bail is under judicial control, and judicial officers have the ultimate decision as to whether or
not, in the circumstances of a particular case, bail should be granted.‟
The Privy Council observed: "From the provisions of the propositions can be deduced.
пЃЅ
Constitution
the
following
First, Mauritius is a democratic state constitutionally based on the rule of law. Secondly, subject to its specific provisions, the Constitution entrenches
the principle of the separation of powers between the legislature, the executive, and the judiciary. Under the Constitution one branch of State may not
trespass upon the province of
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One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant
distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only
an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself.
For example: a murder, theft or rape.
Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the
Magistrates court and Crown court than in a civil court as in a magistrates...show more content...
Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial. Magistrates can impose conditions to meet
their concerns about granting bail. Courts have limited information on which to base bail decisions, with the exception of experimental bail
information schemes involving the probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether bail
should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society
has with magistrates is that sections of the community are underrepresented in the lay magistracy. The lay magistracy remains predominately white,
middle aged, middle class and conservative.
The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt with in this court and also triable
offences for example, all theft cases. An accused has the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates
may decline to hear the case. Even if they do they may commit a convicted person to the Crown Court for sentence if they believe their own
sentencing proves to be inadequate. Three types of judges sit in the court – High Court Judges, circuit judges and recorders. The latter are part time and
hear the less serious
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Subjects of International Law
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment
of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the
subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include
sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations. First of all, we need to know
the definition of the subjects of international law. In the perspective of legal theories, to identify the subjects of...show more content...
It is the ability of the subject of international law to obtain the international legal rights and obligations. This ability is recognized in the norms of
international law. The second one is the international behaviour capacity. It is the ability of the subjects to be recognized in international law by their
independent legal act, create their own subjects power and be able to shoulder the international legal responsibility to their behaviours caused. The very
first subject of international law is sovereign states and analogous entities. State is the term in geography and politic, refers to a sovereign territory, a
government and people of all nationalities are in that territory. They are binding together by law, rights, culture, language, religion. They together to
build up a common future on that sovereign territory. The main factors leading to the formation of a state are a permanent population; a defined
territory; a government; and independent capacity to enter into relations with the other states. Power of state as the subject of international law include
the rights and obligations that the states have when participating in international legal relations. The content of the basic international rights and
obligations of states are formed and develop equivalent to the development that more and more progressive of international law. States could implement
the basic rights and obligations in international activities independently in their minds or by
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Judicial Law-Making
The independence of the judiciary was ensured by the act of settlement 1700, which transferred the power to sack judges from the crown to the
parliament. Consequently, judges should theoretically make their decisions based purely on the logical deductions of precedent, uninfluenced by
political or career considerations. The eighteenth century legal commentator, William Blackstone, introduced the declaratory theory of law, stating that
judges do not make law, but merely, by the rules of precedence, discover and declare the law that has always been: 'the judge being sworn to determine,
not according to his private sentiments...not according to his own private judgement, but according to the known laws and customs of the land: not
delegated...show more content...
He states that judicial decisions are actually based on a 'complex mixture of social, political, institutional, experiential, and personal factors', and are
simply legitimated, or justified, by reference to previous cases. The law provides a 'wide and conflicting variety' of such justifications 'from which
courts pick and choose'. The process is not necessarily as cynical as it sounds. Kairys points out that he is not saying that judges actually make the
decision and then consider which precedents they can pick to justify it: rather their own beliefs and prejudices naturally lead them to give more
weight to precedents which support both views. Nevertheless, for critical legal theorists, all such decisions can be seen as reflecting social and
political judgements, rather than objective, purely logical deductions. Critical theory argues that the neutral appearance of so called 'legal reasoning'
disguises the true nature of legal decisions which, by the choices made, uphold existing power relations within society, tending to favour, for example,
employers over employees, property owners over those without, men over women, and rich, developed countries over poor, undeveloped ones. Griffith
(1997) argues that judges make their decisions based on what they see as the public interest, but that their view of this
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Essay about law assessment
Law Assessment
Outcome 1
1) List the main sources of Scots Law?
Legislation (Statute)
Judicial Precedent
Institutional Writers
Custom
2) List any four Acts of Parliament from within the UK
Statute of Westminster adoption Act 1942
Post–16 education Act 2013
4th road bridge 2013
National trusts act 2013
3) What is meant by the doctrine of judicial precedent and give an example?
Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the
Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however
their was no charge because she was not in a contract with...show more content...
7) What are the four most important institutions of the European Union? Explain their role in the law making process.
The council of ministers– This is the European Union's main decision making body, it is composed of ministers from the National governments of each
of the member states, and meets in Brussels or Luxembourg to agree legislation and policy.
The European Commission – The commission is the EU's administrative and executive body, it is headed by a president and has a further 24
commissioners.
The European parliament – the EU citizens elect a Member of Parliament, which Leads to subsequent legislation.
The European Court of Justice – The court has a judge fro each member state that sits for a term of six years. The court adjucates on all legal issues and
disputes involving community law and must ensure that community law in uniformly interpreted and effectively applied.
8) Explain Institutional Writing and its role in Scots Law?
Writers, lawyers in the 17th and 18th centuries wrote books setting out principles on which Scots law is based, many based on roman Law, lawyers
apply the principles to situations, e.g. Stair, Bell, Erskine.
9) Explain custom and its role in Scots law?
Custom is eroded by Statute and development of EU authority in 19th century customer responses of community, a court may be asked to give effect to
a custom when giving judgement, must add
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The Purpose of Criminal Law
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help
guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In
the modern world, there are three choices in dealing with criminals' namely criminal punishment, private action and executive control. Although both
private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in
exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal
law...show more content...
On the other hand, positive law is forced by the government for everyone to obey. In order for the law to be a positive law it must be formed and
applied so that it is acceptable by most people .Common law is geared toward custom and usage for instance, nonstatutory customs, ways of life and
examples that help steer the decisions of the judicial system The purpose of criminal law is to catch those individual's that break the law and may harm
other people. Not only does criminal law show individuals what they have done wrong but it also states what the punishment will be if the law is
broken. Criminal law not only punishes the accused but it also offers protection through the judicial system that punishes and controls (http:/
/www.hg.org/crime.html, 2012).
The U.S. Constitution and state constitutions are written sources of American criminal law. They are the supreme law. The U.S. Constitution is the
law of this country and the state constitutions are the supreme law of the state. Another written source of American criminal law is the statutes passed
by Congress and state legislatures. The statutes refer to the conduct that is expected of the general public in near future. Administrative Agency
Regulations along with the Case Law are other forms of written American criminal law. Administrative
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The Importance Of International Law
International law is the set of rules generally regarded and accepted as binding in relations between states, to the maintenance of international peace and
security. Although, some of the country may agree to definition of international norms, there are some countries that does not agree with the United
Nation international laws that generally accepted as international norms. Even though, some country does not agree with UN international laws,
because of the powerful nation that are the member of the nation, the Security Council can enforce their international law via various ways toward a
state or individual; and the International court of Justice (ICJ) also give advisory opinion to get settle between state to state conflict, in accordance with
international law.
Security Council is key decision making UN principle organ that create and apply international law. Security Council mandate is to maintain
international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect
for human rights; and to be a center for harmonizing the actions of nations according UN Charter. According to the Chapter VI: Pacific Settlement of
disputes, Article 33 (1) state that "the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and
security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial
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Why Study Law Essay
Why study law? I think law is a course where you can practice practical skills and gain other skills too. Law is human rights; it is solving people's
problems and getting to know what people go through. Firstly I want to study law because of the injustices that still exist in the world we are in and
it bothers me a lot. I want to be the one that can change it. I want to be the one that will help people and get them justice. I want to the society to be
equal and I want to fight for some human rights. I want to be a lawyer or an investigator in crime scenes because I love solving problems which are
between two people and think about which option is the best to set and go for. I am a good listener and I like taking risks. I want to be...show more
content...
I think studying abroad makes you gain some self confidence and know how to handle responsibilities by yourself. I will be able to rebuild my life
from scratch. I will get to meet different people who lead to different cultures and I will meet an entirely new culture. I will get to ask the friends I will
make about how is law back in their countries. How does their law differ from ours? I will be able to explore the world, the world that I yet didn't
see. I will get to see how education is in different countries and get to experience it. Being an international student will help meet other international
students and I will get to ask and see how cultures differ and what are their traditions are like. The steps I take are my future; I am the one who
move my feet towards the goal I want. It is what I want to be and what I will hopefully be. There isn't anyone who could stop me from being what or
who I want to become. Yes I will be alone and I will get lost a lot of times but that is part of rebuilding who I am. That'll teach me loads of things I
never knew and I will learn more about
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Advantages and Disadvantages of Common Law and Civil Law Systems

  • 1. The Advantages Of Common Law And Civil Law Despite the existing literature presenting an overarching sentiment that common law Is superior to civil law in terms of fostering economic growth, civil law still has some advantages. The centralised nature of the civil law system, while regarded as detrimental in reference to diffusion of governmental power, can be interpreted as asset in that the codes created through this system "favour standardisation ... and can then avoid the emergence of inefficient legal rules ... that characterises common law systems." Further, the divide between common and civil law systems in terms of judicial authority might not be as large as widely believed. In theory, a judge within a common law system acts as neutral authority between two adversarial parties and then forms a decision by either following or setting a precedent. In civil law judges are to play a more investigative role and are "not recognised as a source of law ... (their) role is to interpret and apply the law." However, Arrunada and Andonovo found that civil law courts have side–stepped certain codes when efficiency has come into question by "stretching the interpretation" of words such as 'fairly' and 'good faith.' This would mean that civil law is a more flexible system than commonly regarded and thus the perceived divide between common and civil law systems in terms of economic prosperity might not be as wide and so the lack of adaptability of civil law might not be as significant of a weakness as previously believed. The Get more content on HelpWriting.net
  • 2. Definition And History Of Case Law Essay Introduction Within this assignment, the definition and history of case law will be clearly explained. Equity and custom will also be given a definition. It is important to understand these definitions before discussing a few of the equitable maxims. A brief description about the jurisprudence of the European Court of Human Rights and the impact it has will also be included in this assignment. In relation to case law, the European Courts of Justice and the hierarchy of the courts will be discussed so a better understanding can be created about the role of case law. Case Law Case law can be described as the law that was produced by judges when deciding disputes in court. When judges are challenged with interpreting statutes, they will look at similar cases from the past and apply the same law to the case brought before them today. James Holland defines case law as "the term we use to describe the collection of all the legal principles emanating from all the reports cases on a given topic." Law created in this way is also referred to as 'Common law'. Common law is law that is common to England and is applied throughout the country. Sir William Blackstone gave his own definition of common law by stating that "common law, properly so called" is "unwritten law". History of Common Law "Before the Norman Conquest in 1066, there was no single system of law that was common to the whole of the country." Instead, there were different systems of law, such as Wessex Law and Get more content on HelpWriting.net
  • 3. Law And Morality Essay Law and Morality It is not an everyday occurrence that someone must decide the fate of another's life. The dilemma of making a decision that someone must die in order for the others to survive, can obviously be troubling. The process in which the termination of one's life may be easy to make, but to justify that decision is the most difficult one. This paper is given a situation in which a decision of taking one's life is essential. The situation is that a nuclear war has occurred, which has destroyed most of the centres of civilization. There are five people that are that have escaped death by finding their way to a nuclear bunker. These five people consist of a pregnant woman; an old man, who is a retired judge; two teenagers – a...show more content... Law and morality play a large role here, mainly because there is a legal issue and a moral issue associated with the predicament. The reason law has a part in the situation is that after the decision is made, it will be examined legally and must be accountable for its consequences. Morality has its place too, because many will find it morally wrong to take one's life despite any justification. ....there is some connection between law and morality, but the two are clearly not identical. First, morality is only concerned with right or wrong, with the good and evil; law is concerned with lots of things on which there is no right and wrong – procedures for land registration, incorporation and so on. Second, morality is to some extent uncertain and a matter for each individual, law tries to be objective, written down in black and white and there for all to see. Third, morality often leaves things vague and subject to general principle, law goes into specifics.1 From that description of law and morality, it is obvious how they relate to the issue here. When the time comes for one of the five people in the bunker eventually to die, it must be legally justified. The reason for this is that murder is illegal, unless legally justified.2 On the other hand, reasons Get more content on HelpWriting.net
  • 4. Sources Of Public International Law Global Law 1028LAW Research Essay Sources of International Law Introduction Public International Law is known to be a set of rules and norms generated and set by sources that are ought to be read, accepted, recognised, and signed by all states, and used as a boundary between these states. This essay will analyse the different sources of Public International Law, and identify their strengths and weaknesses, and how they differ from the sources of Law made and implemented in Australia's law system. Sources of law are basically the origin or authority by which rules and legal force is derived and implemented or enforced. Sources of Public international Law Public International Law was created to develop a friendly, peaceful, secure...show more content... Treaties are able to keep an organisation's institution and structure stable, since it is legally binding. However, It is only binding by states that accept it, but unfortunately not all states actually accept it, and sometimes peremptory norms(jus cogens) contradicts with the treaty. Customary international law however is known to be a practice used by all states' territories, because states think its a legal obligation that should be enforced, and is codified by treaties to protect the rights of states. Customary international law is argued to be inefficient, and unclear or vague and therefore a weak system and is not well designed to aid people's human rights much as it is a creation of nations and not people, which might be true but to certain limitations. Moreover, different norms and rules of different territorial states may contradict and cause problems between them. However some scholars say it is a solution for the consequences that may be caused to a nation from another nation. Another advantage of customary international law is that even if it has been existing for a very long time, it is still being practiced by many different states universally. Customary international law is not prioritised in any way over the treaties, instead they both co–existed. The third source of public international law is the General Principles of law, which is mainly based on the basic 'natural law', Get more content on HelpWriting.net
  • 5. What are the sources of Law? United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England. Introduction: English Legal System The English Legal System is used in the United Kingdom and it plays a...show more content... The itinerant justices will then return and the customs of different parts of the country are discussed and decided to be kept or dismissed. Thus, common law was created in 1250 and used to rule the whole country. Under the Normans, Royal Courts began to emerge from the King's Council, also known as the Curia Regis. This causes the courts to lose power and thus lost in income in a period of time. The history of Common Law is also stated in Donald L. Carper & Bill W. West's Understanding the Law . Common Law today Common law is the fundamental of law today; it is established by earlier judicial decisions and local customs. The common law is also known as case law and what distinguishes it between other laws is that it is an unwritten law as St George Tucker points out the distinguishing factors of the common law in View of the Constitution of the United States with Selected Writing . Judicial precedent was then formed by common law and the Latin term 'Stare decisis' (Full: Stare decisis non queita movere) was also formed. The meaning of stare decisis was explained in an article by guest author F.E Guerra–Pujol . Common Law: Court Hierarchy The hierarchy of courts is very important in the English Legal System where the lower courts are bound by decisions made by higher courts in the hierarchy. The highest court in the United Kingdom is the
  • 6. Get more content on HelpWriting.net
  • 7. The Importance Of Criminal Law Criminal Law is part of the criminal justice system that has a set of rules and regulations that punishes criminal offenses against society. Laws in society are to enforce the actions of people in society, keep great morale and punish criminals. In addition, Civil Law defined by dictionary, "The body of laws of a state or nation regulating ordinary private matters," which can lead to lawsuits, which goes to tort law. Also, there are several procedural defenses in the criminal justice system that criminals or defendants use to claim that they were discriminated against or wrongfully accused of a crime in the system. In addition, there are excuses used in the criminal justice system that a criminal might use if they committed the crime, but should not be held responsible due to certain circumstances at the time of the act. Furthermore, the criminal justice system has several defenses and certain laws that enforce rules and regulations, such as civil law, procedural law, excuses, and procedural defenses. Civil law is very effective in the criminal justice for many reasons. According to LSU Law, "Civil Law is comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and jurists." This quote means that civil law is easily accessible by the public and has a set of rules and regulations that can be addressed at any time in the criminal justice system. Also, according to LSU Law, "Civil law is an adaptable system, with civil Get more content on HelpWriting.net
  • 8. Customs and courtesies Essay US Army Customs and Courtesies A custom is a social norm stemming from tradition and enforced as an unwritten law. A courtesy is a respectful behavior often linked to a custom. A military courtesy is such behavior extended to a person or thing that honors them in some way. Military customs and courtesies define the profession of arms. When you display military customs and courtesies in various situations, you demonstrate to yourself and others your commitment to duty, honor, and country. And your professionalism and pride. As a new soldier and future Army leader, you must recognize that military customs and courtesies are your constant means of showing that the standard of conduct for officers and Soldiers is high and ...show more content... PARADE REST: Like "Attention", Parade Rest is a form of respect given to NCOs by those junior in rank. When a Senior NCO enters an area of junior enlisted soldiers or cadets, the room is called to "at ease". All personnelshould immediately go to the position of "stand at–ease" until told to "carry–on". Likewise, when speaking to an NCO, soldiers junior in rank or cadets, will maintain the position of "parade rest" until instructed to "stand at ease", "at ease", or "rest"/relax. Things you should never do or say: Never criticize the Army or a leader in public. Never go "over the heads" of superiors–don't jump the chain of command. Never offer excuses. Never "wear" a superior's rank by saying something like, "the first sergeant wants this done now," when in fact the first sergeant said no such thing. Speak with your own voice. Never turn and walk away to avoid giving the hand salute. Never run indoors or pretend you don't hear (while driving, for example) to avoid standing reveille or retreat. Never appear in uniform while under the influence of alcohol. If you don't know the answer to a superior's question, you will never go wrong with the response, "I don't know sir, but I'll find Get more content on HelpWriting.net
  • 9. The Sources Of The English Law Essay 1. Outline the sources of the English Law in the order of their importance. There are three main sources of English Law; domestic legislation, European Union law and case law. Domestic legislation is created by Parliament. Each piece of legislation is an Act of Parliament and is recorded in statute books, with Adams (2010, p.21) stating that "most English law is currently made by, or with the authority of Parliament". Domestic legislation is the main source of law and arguably most important in the UK, Macintyre (2010, p.15) explains "Parliamentary sovereignty holds that Parliament has the power to enact or revoke, any new law it pleases and that courts cannot question the validity of this law". This displays that domestic legislation is more important than European Union law as Parliament has the sovereignty to repeal the European Communities Act 1972 and leave the EU. Domestic legislation has shown its importance and demonstrated supremacy with cases like British Railways Board v Pickin [1974] where a claimant's land had been compulsorily purchased under British Railways Act 1968 but claimed the statute was invalid. The claimant argued that Parliament had been fraudulently misled into passing it. However, the House of Lords, then the highest court ruled that the argument could not be raised in court. The law of the European Union has been a source of UK law since 1973 when the UK became a member of the European Economic Community. European law is next in order of Get more content on HelpWriting.net
  • 10. The Natural Law Theory Essay examples Obeying by the natural law theory is the only true and moral way to live life; especially a life lived in God's image. God's presence is a guiding factor to obtaining a moral and virtuous life, which can only be obtained by following the natural law theory. God created a set of laws as a supreme guide for humans to live life, like any law these laws were created to ensure wellbeing for everyone. The laws he created are the civil law, the natural law and the divine law God created them from a law much superior than the rest, one which only God himself has the knowledge of, the eternal law. Humans actively participate in the eternal law of God by using reason in conformity with the Natural Law to discern what is good and evil(Magee 1). Of ...show more content... Whatever is in motion now was at rest until moved by something else, and that by something else, and so on. But if there were an infinite series of movers, all waiting to be moved by something else, then actual motion could never have got started, and there would be no motion now. But there is motion now. So there must be a First Mover which is itself unmoved. This First Mover we call God (Archon 1). The final crucial proof of the existence of God is Aquinas fourth proof. This proof looks at qualities of humans; all humans possess many different attributes which we consider unique to each individual. This is when standards are formed humans began to have a certain criteria for how or what someone with a given attribute should act or how they should portray themselves. The only way this standard could come into existence is to believe that there is a perfect creation possessing all qualities and expressing them in the most precise and perfect way. This perfect creation is God, the person in which humans get the laws at which the obeyed by. Aquinas five proofs of the existence of God are much more extensive but just looking at the proof of motion and the proof of perfection it becomes unquestionable that there is an almighty creation. This superior creation creates laws at which Get more content on HelpWriting.net
  • 11. The Role Of Law In The Common Law Introduction The essentials originally required to form a valid contract consist of an offer, a subsequent acceptance and consideration. However, since the nineteenth century, another requirement concerning the existence of an intention to create legal relations was added . It is important to note that the common law does not include this as a requirement and therefore it has caused controversy in the legal sphere with many inauspicious comments being raised regarding its necessity. This essay explains intention to create legal relations as a requirement and how it is applied by examining how it has been applied with reference to relevant case law. In this context this essay will further present the two opposing views regarding the...show more content... Domestic and social agreements Sometimes the nature of an agreement clearly determines that there was no intention to be legally bound. In the case of domestic agreements, there is a general presumption that the parties do not intend to be legally bound, though this can be rebutted. There are two distinguishing cases under this category that show both sides of this principle. The case of Balfour v Balfour (1919) presents a scenario in which the general presumption is upheld. In this case a husband promised to pay his wife a monthly maintenance allowance of ВЈ30 while he was away. Later, the couple decided to separate and the husband refused to pay the allowance. It is important here to accentuate the fact that the husband and wife were in good relations at the time the husband made the promise. The Court of Appeal determined that there was no intention to create legal relations and consequently there was no valid contract as Atkin LJ stated that it was a 'family matter'. The case of Merritt v Merritt (1969) ensures that this presumption is not set in stone and can in fact be rebutted. In this case a husband promised his wife that he would transfer their house to her sole ownership after she paid the mortgage off. After the wife paid off the mortgage, the husband refused to transfer the house to her. This case differs from the previous one as the couple in this case was separated at the time they had made this
  • 12. Get more content on HelpWriting.net
  • 13. International Law as Law Essay International Law as Law When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence. Unlike municipal law, international law is a...show more content... Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to Get more content on HelpWriting.net
  • 14. Sources of Law 3/25/2010 пЃЅ Every lawyer needs to know where to find the Law, in relation to a particular issue, when he needs it. Hence, it is vital for the lawyer operating in a specific legal system to know what the sources of law are in that system. пЃЅ 1 3/25/2010 Material Sources of Law Formal Historical Legislation Case–Law Custom Legislation A body of binding rules of Law Constitution Primary Legislation Subsidiary Legislation
  • 15. 2 3/25/2010 THE CONSTITUTION 3 3/25/2010 пЃЅ Supreme Law of the Land Section 2 of the Constitution: "This Constitution is the supreme law of Mauritius, and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the ...show more content... In Dlamini v The State [2000] 2 LRC 239, at para 74, the Constitutional Court very aptly observed: „what is of importance is that the grant or refusal of bail is under judicial control, and judicial officers have the ultimate decision as to whether or not, in the circumstances of a particular case, bail should be granted.‟ The Privy Council observed: "From the provisions of the propositions can be deduced. пЃЅ Constitution the following First, Mauritius is a democratic state constitutionally based on the rule of law. Secondly, subject to its specific provisions, the Constitution entrenches the principle of the separation of powers between the legislature, the executive, and the judiciary. Under the Constitution one branch of State may not trespass upon the province of
  • 16. Get more content on HelpWriting.net
  • 17. One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates...show more content... Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial. Magistrates can impose conditions to meet their concerns about granting bail. Courts have limited information on which to base bail decisions, with the exception of experimental bail information schemes involving the probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether bail should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society has with magistrates is that sections of the community are underrepresented in the lay magistracy. The lay magistracy remains predominately white, middle aged, middle class and conservative. The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt with in this court and also triable offences for example, all theft cases. An accused has the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates may decline to hear the case. Even if they do they may commit a convicted person to the Crown Court for sentence if they believe their own sentencing proves to be inadequate. Three types of judges sit in the court – High Court Judges, circuit judges and recorders. The latter are part time and hear the less serious Get more content on HelpWriting.net
  • 18. Subjects of International Law In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations. First of all, we need to know the definition of the subjects of international law. In the perspective of legal theories, to identify the subjects of...show more content... It is the ability of the subject of international law to obtain the international legal rights and obligations. This ability is recognized in the norms of international law. The second one is the international behaviour capacity. It is the ability of the subjects to be recognized in international law by their independent legal act, create their own subjects power and be able to shoulder the international legal responsibility to their behaviours caused. The very first subject of international law is sovereign states and analogous entities. State is the term in geography and politic, refers to a sovereign territory, a government and people of all nationalities are in that territory. They are binding together by law, rights, culture, language, religion. They together to build up a common future on that sovereign territory. The main factors leading to the formation of a state are a permanent population; a defined territory; a government; and independent capacity to enter into relations with the other states. Power of state as the subject of international law include the rights and obligations that the states have when participating in international legal relations. The content of the basic international rights and obligations of states are formed and develop equivalent to the development that more and more progressive of international law. States could implement the basic rights and obligations in international activities independently in their minds or by Get more content on HelpWriting.net
  • 19. Judicial Law-Making The independence of the judiciary was ensured by the act of settlement 1700, which transferred the power to sack judges from the crown to the parliament. Consequently, judges should theoretically make their decisions based purely on the logical deductions of precedent, uninfluenced by political or career considerations. The eighteenth century legal commentator, William Blackstone, introduced the declaratory theory of law, stating that judges do not make law, but merely, by the rules of precedence, discover and declare the law that has always been: 'the judge being sworn to determine, not according to his private sentiments...not according to his own private judgement, but according to the known laws and customs of the land: not delegated...show more content... He states that judicial decisions are actually based on a 'complex mixture of social, political, institutional, experiential, and personal factors', and are simply legitimated, or justified, by reference to previous cases. The law provides a 'wide and conflicting variety' of such justifications 'from which courts pick and choose'. The process is not necessarily as cynical as it sounds. Kairys points out that he is not saying that judges actually make the decision and then consider which precedents they can pick to justify it: rather their own beliefs and prejudices naturally lead them to give more weight to precedents which support both views. Nevertheless, for critical legal theorists, all such decisions can be seen as reflecting social and political judgements, rather than objective, purely logical deductions. Critical theory argues that the neutral appearance of so called 'legal reasoning' disguises the true nature of legal decisions which, by the choices made, uphold existing power relations within society, tending to favour, for example, employers over employees, property owners over those without, men over women, and rich, developed countries over poor, undeveloped ones. Griffith (1997) argues that judges make their decisions based on what they see as the public interest, but that their view of this Get more content on HelpWriting.net
  • 20. Essay about law assessment Law Assessment Outcome 1 1) List the main sources of Scots Law? Legislation (Statute) Judicial Precedent Institutional Writers Custom 2) List any four Acts of Parliament from within the UK Statute of Westminster adoption Act 1942 Post–16 education Act 2013 4th road bridge 2013 National trusts act 2013 3) What is meant by the doctrine of judicial precedent and give an example? Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with...show more content... 7) What are the four most important institutions of the European Union? Explain their role in the law making process. The council of ministers– This is the European Union's main decision making body, it is composed of ministers from the National governments of each of the member states, and meets in Brussels or Luxembourg to agree legislation and policy. The European Commission – The commission is the EU's administrative and executive body, it is headed by a president and has a further 24 commissioners. The European parliament – the EU citizens elect a Member of Parliament, which Leads to subsequent legislation. The European Court of Justice – The court has a judge fro each member state that sits for a term of six years. The court adjucates on all legal issues and disputes involving community law and must ensure that community law in uniformly interpreted and effectively applied. 8) Explain Institutional Writing and its role in Scots Law?
  • 21. Writers, lawyers in the 17th and 18th centuries wrote books setting out principles on which Scots law is based, many based on roman Law, lawyers apply the principles to situations, e.g. Stair, Bell, Erskine. 9) Explain custom and its role in Scots law? Custom is eroded by Statute and development of EU authority in 19th century customer responses of community, a court may be asked to give effect to a custom when giving judgement, must add Get more content on HelpWriting.net
  • 22. The Purpose of Criminal Law Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals' namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law...show more content... On the other hand, positive law is forced by the government for everyone to obey. In order for the law to be a positive law it must be formed and applied so that it is acceptable by most people .Common law is geared toward custom and usage for instance, nonstatutory customs, ways of life and examples that help steer the decisions of the judicial system The purpose of criminal law is to catch those individual's that break the law and may harm other people. Not only does criminal law show individuals what they have done wrong but it also states what the punishment will be if the law is broken. Criminal law not only punishes the accused but it also offers protection through the judicial system that punishes and controls (http:/ /www.hg.org/crime.html, 2012). The U.S. Constitution and state constitutions are written sources of American criminal law. They are the supreme law. The U.S. Constitution is the law of this country and the state constitutions are the supreme law of the state. Another written source of American criminal law is the statutes passed by Congress and state legislatures. The statutes refer to the conduct that is expected of the general public in near future. Administrative Agency Regulations along with the Case Law are other forms of written American criminal law. Administrative Get more content on HelpWriting.net
  • 23. The Importance Of International Law International law is the set of rules generally regarded and accepted as binding in relations between states, to the maintenance of international peace and security. Although, some of the country may agree to definition of international norms, there are some countries that does not agree with the United Nation international laws that generally accepted as international norms. Even though, some country does not agree with UN international laws, because of the powerful nation that are the member of the nation, the Security Council can enforce their international law via various ways toward a state or individual; and the International court of Justice (ICJ) also give advisory opinion to get settle between state to state conflict, in accordance with international law. Security Council is key decision making UN principle organ that create and apply international law. Security Council mandate is to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect for human rights; and to be a center for harmonizing the actions of nations according UN Charter. According to the Chapter VI: Pacific Settlement of disputes, Article 33 (1) state that "the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial Get more content on HelpWriting.net
  • 24. Why Study Law Essay Why study law? I think law is a course where you can practice practical skills and gain other skills too. Law is human rights; it is solving people's problems and getting to know what people go through. Firstly I want to study law because of the injustices that still exist in the world we are in and it bothers me a lot. I want to be the one that can change it. I want to be the one that will help people and get them justice. I want to the society to be equal and I want to fight for some human rights. I want to be a lawyer or an investigator in crime scenes because I love solving problems which are between two people and think about which option is the best to set and go for. I am a good listener and I like taking risks. I want to be...show more content... I think studying abroad makes you gain some self confidence and know how to handle responsibilities by yourself. I will be able to rebuild my life from scratch. I will get to meet different people who lead to different cultures and I will meet an entirely new culture. I will get to ask the friends I will make about how is law back in their countries. How does their law differ from ours? I will be able to explore the world, the world that I yet didn't see. I will get to see how education is in different countries and get to experience it. Being an international student will help meet other international students and I will get to ask and see how cultures differ and what are their traditions are like. The steps I take are my future; I am the one who move my feet towards the goal I want. It is what I want to be and what I will hopefully be. There isn't anyone who could stop me from being what or who I want to become. Yes I will be alone and I will get lost a lot of times but that is part of rebuilding who I am. That'll teach me loads of things I never knew and I will learn more about Get more content on HelpWriting.net