The Reasoning Of Common Law

The Reasoning Of Common Law
THE REASONING OF COMMON LAW
The English Law is based on Common Law also known as Case Law,it arises when new decisions are made by Judges in Courts. Common Law
tends to be instructive in nature, in case of Common Law,a Judge refers to a similar cases in the past and makes a decision after following other
Judge's reasonings and the principles applied on previous cases;In some instances a judgment passed by the Judge becomes the new law provided there
are no existing statutes applicable;On the other hand,you can also have interstitial Common Law where the Judge interpret the existing law and
determines distinctions and boundaries. Precedent is the key factor in Common Law. The English Common Law originated in the middle ages. So,
Common law relies on judgment passed by Judges in earlier cases and/or at higher courts. A Common Law system gives a significant importance to
Judges and their judgments.
Stare Decisis is the system of Judicial Precedent in English Law,it means "to stand by matters that have been decided". Judges look at past
decisions,see what has been decided when they make a decision in a case. Judges have to follow these previous decisions,this is called "binding
precedent".
Ratio Decidendi is the most important part of judgment,it means the Judge's reason for making the decision. This part of the judgment creates a
"binding precedent".
As Sir Rupert Cross explained in his book Precedent in English law in 1977:
The ratio decidendi of a case is any rule
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Equity Plays An Important Role For The Common Law
Equity plays an important role in the common law which will be explained in this essay. It's foundational principles derive from philosophy and ethics
as well as from political and religious background. To understand specific nature and extent it operates in the modern world it would be necessary to
look how it developed over the centuries in the UK.
In the 13th century's England, the common law courts operated through the Court of Common Pleas and the King's Bench and could only offer a
limited range of remedies, predominantly monetary damages, becoming inflexible and very strict. This was due to a closed categories of available
writs, therefore many judgments were regarded as unfair. As a result people became dissatisfied with the system and started petitioning the king for a
more suitable remedies. With increasing number of petitions the king began to delegate the function of resolving such petitions to the Chancellor. The
chancellors were often clergymen, king's confessors and keepers of the king's conscience, which shaped the character of equity. They developed new,
more appropriate remedies for the cases based on individual justice. However, each chancellor had different understanding of fairness giving an overall
impression of uncertainty and inconsistency in law. With even more increase of petitions, new court has been created known as the Court of Chancery.
With the time, the growing of equity started to create conflicts with common law system, as individuals relied

Judge Law And Common Law System
IIII– Judge in civil law and common law system
1–Judges' position in civil law system
In civil law system, the judge has different role in courtroom for running cases. In civil law systems, civil cases are actually run by the judge, with
subordinate involvement by the parties advocates, indicates of this conception of the judge 's role is that traditionally it was thought to be up to him
to decide the issues in dispute, and finally formulate the judgment according to the law and the proof, in such a system, the lawyers ' activities may be
characterized as residual, they may create suggestions concerning the evidence, as well as propose either issues to be examined or questions. Judge has
more powers from the beginning of the case until the final decision.
Moreover, a judge in civil law system does not silent during the trial, judge participates in the case by making question for parties. Judges in civil
law systems act as inquisitor, interpreter of code language, and finder of fact, in many examples sitting on juries themselves, judges in civil law
system, they depend less on precedent than on commentary by legal scholars. In Civil law states, judges are bound to codes. Thus, judge has different
role in courtroom, for running trial, for asking questions, for collecting evidence, and deciding on cases. For example, Judge in Iraqi civil legal. Judge
in Iraqi legal system has different role than common law system. The judges is investigative on cases , then the

Civil Law And Common Law System
VIII–lawyer in civil law and common law system
B–lawyers in civil law systems
When students graduate from law school, if they want to get a license from law firm to practice law, they have some conditions, but it is different from
the common law system. Lawyers still represent the interests of their clients in civil proceedings, but have a little central role, if we compare the
common law systems, however, their functions commonly contain advising clients on points of law and preparing legal pleadings for filing with the
court, but the importance of oral argument, in–court presentations and active lawyer in court are minimized when compared to a common law system.
Moreover, non–litigation legal tasks, such as will preparation and contract drafting, may be left to quasi–legal professionals who serve businesses and
private individuals, and who may not have a post–university legal education or be licensed to practice before courts. If the law student want to
become lawyer in civil law system is different from one country to another country. For example, in Iraq law school students can become a lawyer
after graduation from law school, but they have to participate in training to get a license, they do not need to take any exam, but in some country that
they have civil law system , a lawyer have taken exam to get a license for example France.
Lawyer in Iraqi civil law system, in Iraq lawyer has different function if we compare with a common law system when a lawyer hires by a

The Law : The Common Law
In the grand scheme of all the laws, there are many laws that are not legislated. These are the judge made law, law that has been evolving out of the
common core of legal standards and beliefs for hundreds of years. The common law is the law that comes out of the judicial decisions that help clarify
the ambiguity that often times arises out of the legislated law. The common law does a great deal of work because it helps shape and mold the
legislation and allows the statutory ambiguity to be more reflective of the current state of the nation and of the body of the law itself.
"Historically, [the common law] is made quite differently from the Continental code. The code precedes judgments; the common law follows them.
The code articulates in chapters, sections, and paragraphs the rules in accordance with which judgments are given. The common law on the other
hand is inarticulate until it is expressed in a judgment. Where the code governs, it is the judge 's duty to ascertain the law from the words which the
code uses. Where the common law governs, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom
and later judges followed his decision. They did not do so by construing the words of his judgment. They looked for the reason which had made him
decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the principle of the case, not the words, which went into the
common law. So historically the

Common Law And Equity Laws
Common Law and Equity
Introduction
During the 12th and 13th century, under the common law system of England survey undertaken on tradition, custom and law in the area was originally
developed as court decisions. England, the common law and equity laws are developed after the creation of the common law; the analysis based on
justice launched and is now used in the royal courts. This gives us the story of the day capital in 1066 as the winner attacked in England and
concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires, counties and
hundreds, and laws and customs cases. The foundations of the common law have known in public as customary law.
In this assignment, ... Show more content on Helpwriting.net ...
This procedure, called Equity, develops from the sixteenth century and is characterized by the creation of special courts to make judgments royal and
the development and writing of an important precedent.
Both systems, Common Law and Equity, will live together until 1875 when the distinction will be abolished. The main consequence is the existence,
even today, two major legal systems: the English system of common law and equity in use in the United States and Commonwealth countries and the
continental system based on the Napoleonic Code in other European countries and in all their colonies.
Common Law and the development of measures
For years, these two structures common law and the functioning of the equity side and front were. In 1615, in each case, it was determined that we
should do in case of dispute. Over time, even after years of antipathy between the two systems was continued for centuries. In 1865, after the
restoration of the system of English law, it was decided in the case of divergence between the common law and equity, justice must prevail. Form, the
Supreme Court, the laws of justice (1873–1975) established principles for managing a hybrid legal system of courts and courts of equity of the
common law and equity. Accordingly, the Court is now not only the court or the court of equity, which is now a court with universal jurisdiction.
Pettit (2012) discusses some licenses can be generated by a trust

Common Law
1– Define
Common law, derived from English law and found in England, the United States, Canada, and other countries once under English influence;
Civil or code law, derived from Roman law and found in Germany, Japan, France, and in non–Islamic and non–Marxist countries;
Islamic law, derived from the interpretation of the Koran and found in Pakistan, Iran, Saudi Arabia, and other Islamic states;
A commercial legal system in the Marxist–socialist economies of Russia & the republics of the former Soviet Union, Eastern Europe, China, and other
Marxist–socialist states whose legal system centered on the economic, political, and social policies of the state.
Arbitration
A procedure used as an alternative to "litigation" in which parties in ... Show more content on Helpwriting.net ...
In general, a U.S. citizen is subject to the laws of the U. S. as well as to those of any foreign country in which he lives or works.
In the case of a conflict, & unless the government of the citizen takes up the citizen's case in an international court, jurisdiction is generally determined
(1) on the basis of jurisdictional clauses included in the contract,
(2) on the basis of where a contract was entered into, or
(3) on the basis of where the provisions of the contract were performed.
The jurisdictional clause is the most clear–cut & is usually honored.
3– Discuss the state of international commercial law.
Commercial law, varies in meaning between common law (where commercial disputes are subject either to civil or commercial law) & code law
(where a codified inclusive commercial law exists).
Consequently, there is no such thing as an "international" commercial law,

In general, the marketer must deal with national commercial laws & must vary his operations from country to country with regard to its individual laws.
Progress toward unification is being taken with greatest success in the EEC countries, which eventually aim toward a unified

Common Law Reasoning
Common law reasoning and institutions Study Pack
page 11
6
'The Judicial Practice of Precedent' Adam Gearey
Staff and students of the University of London External Laws Programme are reminded that copyright subsists in this extract and the work from
which it was taken. This copy has been made under a licence from the Copyright Licensing Agency of the UK (www.cla.co.uk). Any digital or printed
copy supplied to or made by you under the terms of this licence is for use in connection with this course of study. You may retain such copies after the
end of the course, but strictly for your own personal use. This reading was written for the Common Law Reasoning and Institutions study pack by Adam
Gearey. Copyright © 2007 University of London. ... Show more content on Helpwriting.net ...
The most thorough account of judicial practice would then have to go on to study the education and training of judges, and their embedding within a
particular culture or cultures of legal behaviour. What are the consequences of this argument? If practices are essentially ways of acting in given
circumstances, any general theory may be too distant from the practice to capture how judges actually interpret cases. Judicial interpretation is
always a matter of a specific case and a singular set of facts. To understand why a judge in a particular case comes to a particular conclusion
necessitates a study of a precise legal context. In other words, a general account of precedent perhaps tells us more about the practice of academic
writing than it does about the work of judges. It may be that the best way to understand the practice of judicial interpretation is to abandon any general
account, and to see how it proceeds in different doctrinal areas of law. This would indicate that the best way to understand the practice of precedent is
to study cases within their specific contextsвЂ .
вЂ
Precedence and judicial creativity
However, given that we need a general account of precedent, we can suggest some overarching concerns that structure judicial practice. The historical
beginnings of the present doctrine of precedent obscure the extent to which judicial practice is creative. Judges make law, as Lord Browne–Wilkinson

said in Kleinwort Benson v Lincoln City

Similarities Between Common Law And Pakistani Law
Department of Law
Bahria University Islamabad
Assignment on
Analysis of comparison of common law system and existing Pakistani laws
Submitted By
Muhammad Arslan
Enrolment Number 01–177162–016
Submitted to
Sir Mahmood Ahmad Shaikh
Table of Contents
Sr. NoTopicsPage
No
1.Introduction
2.Literature Review
3.Comparison of common law system and the existing Pakistani laws
4.Analysis 5.Conclusion 6.References
Analysis of Comparison of Common Law System and Existing Pakistani Laws
Introduction
This assignment is the analysis of comparison of Common Law System and the existing Pakistani laws. It will help to understand the similarities or
differences in the Common Law System and the existing Pakistani laws. It will help to understand the basis on which the Pakistani laws were made.
It will be described in about 1500 to 2000 words.
Before starting the ... Show more content on Helpwriting.net ...
After Pakistan came into existence, Islamic laws did not get much attention. Furthermore, it was only restricted to the personal status issues, for

example, marriage, inheritance and divorce. General Zia–ul–Haq was the one who started the Islamization of legal system of Pakistan. The legal
system of Islamic Republic of Pakistan was started to be Islamized under General Zia–ul–Haq (1977–1988). He introduced many changes in Pakistan's
criminal justice system. Through a series of presidential decrees, the criminal justice system was started to regulate by the Pakistan Penal Code of
1860 and the Code of Criminal Procedure (1898). A comparable court system was established by him. These courts containedSharia courts, and
amended the laws that were deprived of the Islamic laws. The most of the Islamic laws instituted by him are still on the statute. Recently, the parliament
of Pakistan has introduced many laws in order to improve the status of women in the private and public

Common Law And Civil Law
There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common
law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. An important factor to international business is the legal system. The market attractiveness of a country can be
affected by differences in legal systems. Business practices are regulated by the country's law. Policies are defined as well the rights and obligations in
business transactions. The legal framework for business to be conducted is defined by the country's government. There will be variances in laws
country to country. Sound business decisions can be made by acquiring knowledge about common laws and civil laws of different countries. Contract
and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a
greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not
enforced local authorities. Although most of these countries have laws established to the protect property rights of investors. There are two ways in
which property rights can be violated. Violations can occur Private action through private action or by public action. Piracy, theft, and blackmail are all
categorized

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 on Helpwriting.net ...
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

Jury Law Vs Common Law
Common Law – Common Law is an unwritten law that is set by a precedent or by past situations. Trail by Jury – Trail by jury is when a case goes to
court and the jury make the decision. The point of the judge is to control what is happening in the case but he does not have a say on the opinions.
Parliament – Parliamet is a governing body that makes law and is elected by the people. Magna Carta – The Magna Carta was basically a peace treaty
that made sure that the King had to fallow the law along with everone else. Englands Bill of Rights – It limited the Monarchs power. They were genral
laws like, no mans above the law, the right to bear arms, and elections must be free, are a couple of examples. Mayflower Compact – This is an
agreement

The Law And Common Law
INTRODUCTION
In the field of using another person or and organisations land under the bind of a contractual agreement is normally in place to clearly state and
establish each parties rights and obligations to each other and indeed to the property. Common law has a role to place in relation to these tenancies
whether they be residential or commercial as far as trying to protect tenants and newer legislations are always geared towards protecting the rights of
tenants, this is very important considering the current backdrop and trend towards renting property in the United Kingdom as opposed to
homeownership. Common law does not have the same reputation in relation to advocating tenants' rights and are best there is still a great uncertainty ...
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4–The fourth kind of license and the most important in relation to the unique factors that a court in Northern Ireland will take into consideration in
distinguishing between a lease and a license is a contractual licence. A contractual licence which is more relevant in this case is in effect permission
to use or occupy land or property, this type of licence derives from an implied contract. The licensee does not have a legal estate however, A license
normally infers occupational rights similar to that a hotel owner has over a guest, due to the level of control that the hotel owner exercises over their
property the guest will not have an exclusive possession of the room they occupy and are seen ultimately as lodgers or a licensee.
While there are the four different forms of licence it is vital to note that it is a very basic different between all four which has been recognised law
for a long time. If we view a licence in a historical context we see it has long been established that is does not grant exclusive possession. "Property
passeth no interest nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful" Vaughan, Thomas
v Sorrell ([1673] EWHC (KB) J85)
Those in possession of a license at most have exclusive occupation and do not have the statutory protection of tenure under the (Rent Act 1977) which
a lease holder enjoys. It must be noted that a licence holder will have a

Confidentiality And The Common Law Of Confidentiality
In this essay I am going to discuss confidentiality. The common law of confidentiality says that people have a right to expect that information given to
a healthcare professional is only used for the reason it was given but also that it will not be disclosed without permission (The nursing times, no date).
The important concept is of trust, without which no relationship can develop or be sustained between a patient and a nursing practitioner.
Baillie and Black (2015. p27) stated that in practice, confidentiality is a legal obligation derived from statute law and case law and it will also usually
be included in the contract of employment as a nurse, with a specific link to disciplinary procedures if breached. Although it is important that a nurse
makes sure that the information they share is legitimate, this is not absolute as there are a number of exceptions. The Data Protection Act(1998) states
that a nurse must inform the patient of the circumstances under which their information will be shared and that this is necessary in order for the best
treatment to be given. According to the NMC(2010), all nurses must respect individual rights to confidentiality and keep information secure and
confidential in accordance with the law and relevant ethical and regulatory frameworks, taking account of local protocols. They must also actively
share personal data with others when interest of safety and protection override the need for confidentiality.
Confidentially covers a large

Business Common Law
HNC BUSINESS COMMON LAW 1 ASSIGNMENT 1 Darina Byrne Explain why it is important to have an intention to create legal relations when
making a contract and why is consideration of the parties to the agreement necessary–: Intention to create legal relations can be defined as follows. 'An
agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business
agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.' Source (HNC unit 5 Business law course book) In
determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social...
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Executed In the case of unilateral contracts, where the offeror promises something in return for the offerees doing something, the promice only
becomes enforceable when the offeree has actually preformed the required act. Past consideration –not valid This category does not actually count as
consideration–with past consideration the action is preformed before the promise that it is supposed to be consideration for such action is not sufficient
to support a later promise.(ref–: McArdle 1951) Rules relating to consideration Consideration must not be past. Performance must be legal.
Performance must be possible. Consideration must move from the promise.(Tweddle v Atkinson(1861)) Consideration must be sufficient but need
not be adequate. The court will not intervene to require equality in the value exchanged as long as the agreement has been freely entered into.(
Chappell + Co v Nestle co(1959)) In Pinnels case 1602 it was stated that payment of a lesser sum cannot be any consideration for the whole amount
owed. This opinion was approved in (Foakes v beer (1884)). However the following will operate to discharge an outstanding debt fully–: Payment in
kind. Payment at a different place. Payment of a lesser sum by a third party. A composition arrangement between creditors that they will accept part
payment of their debts. Source (course notes). Explain why it is important that a contracting parties

Common Law And Civil Law
At the global level international law is of great importance and the legal systems such as common law, civil law, customary law, and theocratic law
exist in different countries across the world. There are about 196 sovereign states in the United Nations Organization and each of the states follows a
legal system created by them or by an agreement in the form of regional treaties and other accords.
Common law: A common law system according to Samii (2011, p. 112) is based on tradition, judge madeprecedent and usage. In common law, the
past ruling, legal legislation and the explanation of the statutes is set as precedents for the courts and apply the established practice to a same set of
facts. The law developed through the judgment instead of executive or legislative statutes to a legal system that rely on constituting a precedent case
law (Chand, n, d). Any time when the disputing parties disagree on what the rule is, Common law refers g any past precedential decisions. The major
difference between common law and civil law system is the doctrine of the precedent in which court applies the rulings of previous cases in the
circumstances the facts are the most similar. The judge ruling becomes law that is followed by future judges and this is referred as judge made law,
or common law. The legacy followed by Common law is Anglo–American that is widespread in Canada, the U.S, England, Australia, and New Zealand.
Civil law: According to Samii (2011, p. 112), Civil law is based

What Is The Difference Between Common Law And Contract Law
Due to the different roots of the two systems, the definition of a contract, as well as its formation, differ between contract law in Common Law
Jurisdictions and in Civil Law Jurisdictions (France). The Common Law views contracts as bargains, exchange, a simple agreement has no binding
force. It is mainly concerned with forecasting the impact and the binding legal consequences of a party's promise. The structure or purpose of the
contract is not as important as knowing whether the promise of performance that the contract is based upon is enforceable.
The Civil Law, on the other hand, places greater importance on the classification of the legal principles of the contract. Contracts are divided into
different categories, such as gratuitous and onerous contracts (both being enforceable), or unilateral and bilateral contracts (based on the parties'
obligations towards each other).
Under Common Law, for a contract to exist, three elements must be present: an offer, an acceptance and a consideration. The notions of offer and
acceptance under Common Law are not fundamentally different from those in French contract law, although their effects may differ. The offer
indicates the willingness of a party to enter into a bargain, and the acceptance reflects the agreement of the other party to the offer.
However, consideration is a concept that has no real equivalent in French contract law. According to the Common Law systems, a promise is only
biding when there is something in return.

The Rule Of Law In Civil And Common Law Traditions
The rule of law in civil and common law traditions In both the common and civil law traditions the ordinary function of a court is adjudicative.
Courts make findings on disputed questions of fact, identify and apply the relevant law to the facts as agreed by the parties or found by the court,
consider the legal consequences and award appropriate remedies. Thus, a state that adheres to the principle of 'rule of law' provides legal certainty to
it citizens, to plan their lives with less uncertainty and protects them from to the law from arbitrary use of state power. The rule of law 'first and
foremost seeks to emphasize the necessity of establishing a rule–based society in the interest of legal certainty and predictability.' Legal certainty is a
central tenet of the rule of law understood around the world although its meaning differs between legal traditions and nation States. In 2007 at
Potsdam, the G8 Foreign Ministers declared their commitment to 'the rule of law [as a] core principle on which we build our partnership and our
efforts to promote lasting peace, security, democracy and human rights as well as sustainable development worldwide' and stated that it is 'imperative
to adhere to the principle of legal certainty.' Legal certainty in the civil tradition Legal certainty is a fundamental principle characteristic of the civil
tradition and is recognized within the national legal systems of Europe the European Court of Justice and the European Court of Human

Conflict Of Interest : Conflict Of Interest In Common Law
Conflict of Interest
Equitable principles for directors were developed from fiduciary duties applied to trustees through common law. A director has a fiduciary duty to
ensure that no conflict of interest exists between him and the company. This common law principle "the no conflict rule" was established in Keech v
Sandford.7 Upholding this, Lord Cranworth LC held in Aberdeen Railway Co v Blaikie Bros,8 "And it is a rule....no one....shall be allowed to enter
into engagements in which he has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is
bound to protect." This principle was encompassed in the Companies Act 2006:
s.175(1) "A director of a company must avoid a situation in which he has, or can have, a direct or indirect interest that conflicts, or possibly may
conflict, with the interests of the company"
This now gives directors liability by statute, if they place themselves in situations that conflict with the company, they breach their fiduciary
obligations. This concept is expressed by Millett L.J. in Bristol and West Building Society v Mothew9, "The distinguishing obligation of a fiduciary
is the obligation of loyalty....he must not place himself in a position where his duty and his interest may conflict." Careful consideration needs to be
given to situations that possibly may conflict. In Boardman v Phipps10 it was held that the term 'possibly may conflict' means "that the reasonable
man looking at the relevant facts and circumstances of the particular case would think that there was a real sensible possibility of conflict."
Ambiguity may arise when a difference of opinion occurs between parties of whether a situation may be conflicting or not. Further confusion may
occur from s.175(4)(a) where no breach occurs "if the situation cannot reasonably be regarded as likely to give rise to a conflict of interest." The word
reasonably gives scope for uncertainty, who's opinion of reasonableness does this provision refer to, is this subjective? Stephen Jourdan QC clarified in
Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors,11 he opined that s.175, conflict of interest, was not subjective but objective. It did not
matter that

A Covenant Of The Common Law Rule
Critically, a release takes effect immediately. Id. As a consequence, a release immediately discharges any obligation within its scope. Id. Accordingly,
because a release has the effect of immediately discharging an obligation, the release is tendered at the time the release is given. Therefore, a release
cannot be breached because complete performance is rendered at the moment release is effectuated. In some instances––again, generally in the context
of joint tortfeasors––the common law rule that a release had the effect of discharging an obligation rather than an obligor was perceived to apply too
harshly when an obligee gave a release with an obvious intent to only discharge one but not all obligors. Shriver, supra, 155 Md. at ... Show more
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Contrary to a release, a covenant not to sue did not have the effect of discharging an obligation, but rather it was a promise made by the obligee to
refrain from enforcing the obligation. This distinction permitted a plaintiff to reach a settlement with one joint tortfeasor without discharging the
obligation with respect to the remaining obligors. This concept is reflected in the Restatement (Second) of Contracts, which defines a contract not
to sue as "a contract under which the obligee of a duty promises never to sue the obligor or a third person to enforce the duty or not to do so for a
limited time." Restatement (Second) of Contracts В§ 285. The material distinction between a release and a covenant not to sue is that a release is an
immediate discharge, and performance is complete at the time the release is effectuated. A covenant not to sue, on the other hand, is a promise for the
maker to undertake some future performance. Stated differently, "[d]ischarge by release . . . has long been regarded as an executed transaction rather
than an executory promise" whereas "a covenant not to sue . . . was treated as an executory promise." Restatement (Second) of Contracts В§ 295 cmt.
a. For this reason, a lawsuit on claims

Difference Between Common Law And Civil Law
Around the world there are different Criminal Justice Systems to help to keep order in the jurisdictions to provide a code of conduct which is known
as the law. The whole purpose of the Criminal Justice System is to deliver justice for everyone and this is done by convicting and punishing the guilty
and also to help them to stop offending while also protecting the innocent (Garside 2008). In different jurisdictions there are even crimes with the same
name that have different definitions. In this essay, England and Wales Criminal Justice System will be looked at which is formally known asCommon
Law, Also France's Criminal Justice System will also be looked at which is known as Civil Law. The differences between the two jurisdictions will
be looked at and also the history of both Criminal Justice systems will also be looked at and also the punishments between the two jurisdictions.
Common Law and Civil Law are contrasted due to suggesting they have a different understanding of "The State", this will also be looked into to see
why there is a different understanding.
Firstly, the jurisdiction of England and Wales will be looked at and their Criminal Justice System known as Common Law. The Common Law begins
from the traditional and the authority of courts to identify what law is, even if there is an absence of an underlying statute (Busch 2012). This shows
how in Common Law Tradition, it may include laws such as statutes but it also contains a body of "Common Law" such as

Civil Law And Common Law System
II–The source of law in civil law and common law system A– Sources of law in civil law system The Civil law is different from Common law systems
in many areas. Source of law is one of the important part from each legal system in the world. Source of law is the fundamental different between
both of them. In civil law the prime source or basis of the law is legislation, and big areas are codified in a systematic manner, these codes shape a
very distinctive feature of a Romanist legal system, or the so–called civil law, although in the form of statutes duly enacted by the proper legislative
procedure, the courts should apply the law, statutes and codes. In civil–law systems, by opposite, codes and statutes are created to cover all
eventualities and judges have a more restricted role of applying the law to the case in hand, past judgments are no more than loose guides. The
legislation helps judges to end issues when come to the court. Moreover, in the civil law system, it has the different documents to keep codes. Civil
code is a book which includes the laws that regulate the relationships between people, it includes the following topics: persons and the family, things
and ownership, successions and donations, matrimonial property regimes, obligations and contracts, civil responsibility, sale, lease, and special
contracts, as well as liberate prescription (statute of limitations) and acquisitive prescription (adverse possession). A code is general

Similarities Between Common Law And Civil Law
Before I started compare between common law and civil law I want to describe each one of them. Common law focuses in the old laws and takes it
as source for any new for any new case and the basic for this law is UK law system. On the other hand, Civil law is about organizing the relation
between the people in the same society and it is focusing in public law. However, I am going to compare betweencommon law and civil law in legal
system, the rule of judges, constitution, and jury of opinion, historical background, and source of law. This paragraph will take about the
comparison between common law and civil law in legal system. First of all, the common law in legal system is group of laws that not have been
written. This law set upon from the parliament and old law. Also, in common law there are no separates laws. Second, the civil law in legal system is
group of law have been written and separates between the law. Moreover, it was very popular... Show more content on Helpwriting.net ...
First of all, the historical back ground and source of law in the common law is back as before 100 years or more. In fact, they use as a policy for
the UK colonel in all of the countries under UK control. After that it become as law for UK and different countries. In the same way, the common law
sources depends on Constitution, old law, Custom and Convention. According to Morris L. Cohen (1989) (To understand the importance of the
reception statutes, we must remember that the common law of England did not have automatic or direct applicability or authority in the American
colonies). Second, historical background and sources for civil law is back to Spain and Portugal colonel in Europe and America and it is a part of
Roman law. Moreover, they come from the principle of the French revolutions. In fact, civil law sources depend on legislation– statutes and subsidiary
legislation, Custom and

Common Law Dbq
Common law rights were guaranteed by the Magna Carta or Great Charter, which were affirmed in 1215 by King John. One did not have to be born
into privilege to have common law rights, however, those who were had even more rights. There were times that the king and parliament disagreed as
the "king claimed larger areas of power, leading to a bitter conflict between them." according to Benedict (p. 1).
The term "common law" means "...government protection against the encroachments of the rich and powerful," according to Benedict (p. 2). Common
law was not England's only legal system. There were many other courts in England, however, people of England and America believed they had certain
unalienable rights.
One main factor of common law rights was the right to a fair trial. Through common law, the people were assured there would be an impartial judge
and/or jury. Without such, the laws would be unfair and no one would receive a fair trial. This was proven in some of the cases before the courts,
however, Sir Edward Coke remedied that situation so there was case law for the attorneys and judges to follow.
In one case, Sir Edward Coke, as mentioned in Benedict (pg. 3), stated that he took up cases where there was considerable controversy. Sir Edward
Coke "...overturned a penalty levied by the College of Physicians of London against a ... Show more content on Helpwriting.net ...
As many as "80% were indentured servants," according to the PowerPoint presentation. The landowners needed more help to grow crops and take care
of their properties. Thus, more and more slaves were brought in to help the landowners. Furthermore, the slaves had no legal rights afforded to them
and, once they were property of their master, the status of slave was constant and

The English Common Law System
The English common law system is obliged to comply with the rights and obligations under the Human Rights Act Convention. Even though they are
not bound by it has been advised by the House of Lords to harmonise or comply with the Conventions, on a equivalent basis which is "no more, but
certainly no less". The Convention does not guarantee damages for violations that have occurred between private parties, it only protects them against
the public authorities, thus only binding states. Generally the HRA awards damages for rights violated under the Convention which are minimal when
compared to the compensation awarded under English tort law. Enabling courts to sustain their reluctance to harmonise with the Convention 's rights.
This essay... Show more content on Helpwriting.net ...
Therefore the s. 6 under the HRA Convention maintains an indirect horizontal effect rather than a horizontal one. It was presumed that a uniform
approach to be upheld by the UK courts, but this approach was only in theory that HRA would be somehow incorporated into the domestic law and
where necessary could be 'reformed by a judiciary," and in practice the opposite had occurred.
Prior to 1998, under the common law right to privacy did not reinforce a failure to compensate individuals for breach of their privacy. After the HRA
came into force, the first critical case was faced by the English courts in the case of Catherine Zeta–Jones ' case concluded there was a breach of
confidence.The reason that lay behind this harmonisation was that protection for individual privacy was the equivalent of protecting individual
autonomy established by the omissions principle. In this area of law, the courts have provided a remedy at a domestic level by incorporating s.7 of the
HRA.
It is quite contradictory that the common law now mirrors the Conventions rights with regards to breach of confidence, but takes a more conservative
approach whilst dealing with a more crucial matter in relating to article 2. Where without a right to life a secondary right to privacy is null. In most
civil law jurisdictions there is no line of distinction drawn between private individuals and public authorities when it comes to imposing a liability for
negligence. However the UK case law

Civil Law vs Common Law
There are more than 200 nations in the world nowadays, and each has a different set of laws that govern its people and its relations with the rest of the
world. Whereas, international law governs relations between states, institutions, and individuals across national boundaries, municipal law governs this
same person within the boundaries of a particular state. The comparative law, which is the study, analysis, and comparison of the different municipal
law systems, classifies countries into legal families. The two widely distributed families are the Romano–Germanic Civil Law and the Anglo–American
Common Law.
This short essay seeks an answer to the differences between two fundamentally different legal theories or systems. The original ... Show more content
on Helpwriting.net ...
The French Code is an evaluate version of the Corpus Juris Civilis because it incorporated the principle ideas of the French Revolution, including the
right to possess private property, the freedom to contract, and the autonomy of the patriarchal family. With private property, the Code's authors: J.J
CambacГ©rГЁs and NapolГ©on consciously attempted to break the old feudal estates of the aristocracy by prohibiting restraints on the sale of land.
The French code joined one of the United State Constitution mentioning that lawyers couldn't foresee every possible legal eventuality, thus they set
flexible general maxima of justice rather than detailed provisions.
Unlike the French Code The German Civil Code was meant for the use of trained experts. Indeed because of the Pandectits, the German's Codes'
organization and form is incredibly precise and technical. Sentence structure indicates which party had the burden of proof. However its overall
approach rely on many of the same political and philosophical ideals, notably the "laisser faire" economics and the autonomous right of individuals. [5]
Moreover separated and apart from the movement of codification of civil or private law occurred the development of the public law, a constitutional
and administrative law.

Common Law Summary And Analysis
Common Law claims are mostly determined by tort laws. Employees wishing to sue their employer for workplace privacy may rely on privacy tort
theories. Privacy tort is separated into four branches of action: 1) Intrusion upon seclusion or solitude, or into private affairs, 2) public disclosure of
embarrassing private facts, 3) publicity which places a person in a false light in the public eye and 4) appropriation of name or likeness. Intrusion of
privacy tort is often used in many court cases between employers and employees in the workplace ( Fazekas,2015).
In the case of Stengart v. Loving Care Agency, Marina Stengart used her company computer to send personal emails to her lawyer. Her emails were
exchanged through her personal email account

Relationship Between Equity And The Common Law
Equity has been described as a 'mysterious creature' that lies distinctly alongside the common law. In considering the statement, there is an almost
linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has
created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the
relationship between equity and the common law. The development of equity alongside the common law through its history and intention, and
application in case law will be imperative in the discussion of the statement. In conjunction with an analysis of fusion, it will become apparent that
equitable damages were enlivened, separate to, in unfair circumstances where no rights/damages existed within the common law. In trying to tread the
murky waters of the distinction yet the procedural fusion of equity and common law, the contention of this essay becomes apparent. Effectively, this
essay aims to highlight that the history, intention, application and fusion fallacies regarding equity, all which point to an assertion that rights in equity
are indeed the product of its remedies. Whether they are merely 'two streams of jurisdiction, though they run in the same channel, run side by side and
do not mingle their waters', is yet to be seen.
A brief history: Rise and development of Equity – Remedies to Rights
A basic understanding for the rise

The Common Law System Of England
ntroduction
During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey
originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on
development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there
is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the
common law have known in public as customary law. In this assignment, author will describe the development of the UK system of common Law and
Equity. Arguments about judge's role in the development of legal principles will be made.
The Common Law
During the conquest in 1066, William applied old legal customs in generalizing to the entire kingdom. It was the origin of the Common Law; the
essential characteristic was that it was rooted deeply in Roman law to be based on the customs and practices from medieval traditions. These customs
are still mainly oral; procedures are carried out by royal courts who judge case leaving significant room for interpretation. Gradually, the common law
is insufficient and ineffective for a number of disputes.
The Equity
Individuals appeal directly to the king, arguing the fairness of their problems. This procedure, called Equity, developed from the

The Court System Of Civil Law And Common Law System
III– The court system or the structure of court in civil law and common law systemA–The court system in civil law systems The courts have divided
according to public law cases and private law cases. Courts in civil law countries are more specialized than in the common law. There are multiple
sets of courts and each has its own jurisdiction, hierarchy, judiciary and procedure, For example, in addition to ordinary courts that deal with
private law matters, there may be Labor Courts, Social Security Courts, Commercial Courts, Administrative Courts and Agriculture Courts
addressing public law cases. Furthermore, the general rule is that private law problems are dealt with by the ordinary courts and criminal law is
also dealt with by ordinary courts, even though it rightly belongs in public law, decisions of the ordinary courts can be appealed to Appellate
Courts, at the head of the ordinary courts (and above Appellate Courts) sits the Court of Cassation. This court decides on only questions of law and
the interpretation of statutes. It is purpose is to ensure uniformity in the law. It can either affirm the ruling of the Appellate Court or declare the ruling
to be incorrect. For example, Iraqi court system. Iraqi civil law system has more than one type of court like many countries that practice civil law
system. The Federal Supreme Court is a modern court in Iraq, the Court is composed of a number of judges, the FSC, must be enacted by the Council of

The Federal Common Law Interpretation
Many of the sources agree that tribal governments should have assumed or inherent adjudicatory power over non–members on tribal land. Indeed, most
sources repeat the same arguments with different justifications. There is a major focus on the history of tribal sovereignty and which is important to in
how it impacts the impending decision in Dollar General v. Mississippi Band of Choctaw. Several sources focus on Native American tribe's status, as
domestic dependent nations are a major part of how the federal government continues to shrink tribal jurisdiction over non–members on tribal land.
Furthermore, many scholars are questioning the definition of "domestic dependent nation" the unique and often confusing legal situation of the Native
American tribes. This status leaves states in a similar situation as states but with a shrinking amount of limited sovereignty. Some claim this is the
federal common law interpretation's failure and that a constitutional approach is necessary to solve the problems with tribal jurisdiction. These
arguments hope that clarity and defined parameters of jurisdiction will establish a new concrete definition of tribal jurisdiction. Other sources just
propose to continue to follow the common law understanding of tribal jurisdiction with an understanding that tribes have inherent authority. Although
this recognizes the sovereignty of tribes it falls to recognize the failure of federal common law to come to a consensus on the parameters of this power.

History of Common Law
HISTORY OF COMMON LAW| STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of
Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales ("the laws of England and Wales" from 1967). These laws mainly
deal with issues of property, theft, inheritance, money... The legal system of England and Wales is the basis of most legal systems in the
Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law It refers to the notion of a
religious system or document being used as a legal source. * Civil law It derives from Roman law traditions. It's also known as Continental European
law. Laws recognized as authoritative are... Show more content on Helpwriting.net ...
According to historians, English law is the offspring (daughter) of Frankish law (= early text in French + private law + technical terms) *
Domesday Book = a great land survey commissioned by William I to assess (value) the extent of the land and resources being owned in England,
and the extent of the taxes he could raise. This book also relates the importance of a uniform legal system among people within the territory. Local
courts came under the administration of Norman rules. * Laws of Henry I or "Leges Henrici Primi" (в‰€ 1115) = a legal treatise in England. It
lists and explains the laws (how to conduct legal proceedings). Laws were actually issued by earlier monarchs that were still in force in Henry's
reign. It covers a diverse range of subjects: ecclesiastical cases; treason; murder; theft; feud; amounts of judicial fines... * Ranulf de Glanvill >
reputed author of a book on English law. It was with his assistance that Henry II completed his famous judicial reforms. HENRY II (1154–89):
Separation of the power of church * Changes implemented: Henry II began to send judges from central court (Supreme Court) into local courts in
order to limit the jury's movements at Westminster (kings are dependent of the goodwill of law to maintain power). Henry wanted to diminish the
power of the church, so he

Common Law And The Statute Law Essay
Introduction
In Australian, a proprietary company need to registered to start its business under corporation Act 2001. This is is a common wealth legislation
administered by the ASIC. Normally, a corporation does not have a legal existence before the registration. Registration of a company makes it can be
treated as a legal entity . The company can have its own name to hold its property, it can enter into a contract or rescind, also the company can be sued
or sue the others. Registration is the most important but not the only thing to establish a business. Before the registration, a company may be have to
entry into a contract. Before the pre–registration, the contract always void because the company is not a legal entity. So the pre–registration contracts
cause many legal problems of the rights and responsibilities. The pre–registration contracts have different explains in the Australian legal system, the
most important are the common law and the statute law.
Common Law
The Australian High Court is over the State Supreme Courts who has the general appellate jurisdictions. So there is only one uniform common law
remains in Australia which is originated from the English Common law. At present, more and more statute law and relevant cases has been used.
Statute law
Statute laws are laws which are passed in the parliaments in Australia. The local councils, departments of the government and other statutory authorities
are the different parties who have given legislation by

Characteristics Of Law And Precedents In The English...
Introduction
The English legal system is founded on the common law system. Which during the history developed in England which, in turn, spread it further to
their colonies such as Canada, India, etc. The characteristics of this system, is that a large part of the laws are based on courts` precedents.
Christopher A. Ford states in his article that courts rare, create laws and he find it controversial. However, it is worth mentioning that the article mainly
deals with the american and international judicial discretion. This essay will examine wether it is controversial , and whether it is rare in the english
system.
Background
A precedent is an earlier decision, where there is a legally significant resemblance to a current case.The english courts follow the principle of stare
decisis, which means that the court must follow previous precedent, that has been decided by a higher court. The higher courts, must even follow their
own previous decisions.
Many legal commentators and judges have confirmed that judges through their precedent, have often created new laws. In Attoreny–general v
Butterwoth , lord Denning recognized that when there is a gab in the law, is the court's job to fill it. Similarly, Lord Edmund–Davies, claims that
judges will continue to establish new laws as long as it is needed. In addition, he mentions literally that judges act as legislators. In British Railways
Board v Pickin, lord denning argued that courts review the legality of the

Difference Between Common Law And Civil Law
Please submit your assignment.
There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common
law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. A fundamental factor of international business is the legal system. The market attractiveness of a country can be
affected by variances in legal systems. Daily business practices are regulated by the laws of that particular country. Policies are defined, as well as the
rights and obligations within a business transaction. The legal framework for business to be conducted is defined by the country's government. There
will be differences in laws country to country. Sound business decisions can be made by acquiring knowledge about the common and civil laws of
different countries. Contract and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive.
The common law system has a greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property
rights of most countries are not enforced by local authorities. Although most of these countries have laws established to protect the property rights of
investors. There are two ways in which property rights can be violated. Violations can occur through private action or by public

Key Differences Between Common Law And Civil Law
In Common Law and Civil Law the Key differences are that civil law is based on legislation while common law is based on court decisions. If you
look at the history of Law, you will see that civil law stems back from as early as the 3rd century BC, it included various forms of law systems, from
Roman law, Germanic and local customs, cannon law, and the international law merchant. Civil law is coded, encompassing all aspects of civil law,
from procedural, to substantive and penal law. Civil law is reflected in decision making as it's primarily legislative.
Common Law is based on custom and practice, derived from English history, which is reflected in court decisions with the reliance of precedence. The
role of the judicial in law making ... Show more content on Helpwriting.net ...
They come to this reasoning by other examples of civil law lawyer's reason supposedly by deductive, the application of abstract principles to specific
cases. While common law lawyers by induction, the movement of from specific case to the general rule.
It can be said that maybe this reasoning has some merit to it, when comparing the differences and likeness of both legal systems, which in the end is
the same, an outcome, hopefully a fair and just one.
Further research show the attempts to compare the way a common law lawyer and a civil law lawyer both interprets a written law. In this attempt to
compare, it goes on to explain just how different their techniques are at applying rules and principles on how the law interprets a statutory.
When a judge interprets a statute, he/she is merely approaching it from either a textual, historical or functional stance, in order to find a solution to the
problem presented to the court. In comparing a civil law lawyer to a common law lawyer, one must look at ones methodology, how a legal scholar
goes about finding information regarding a factual case.
The 'rule of law' in a general and practical sense is usually abided by most people in society, and we view that the role of the judicial system is there to
be guided by these rules. The role of lawyers, judges and the courts in both civil law and

International Laws : A Common Law System
At the global level, international laws are of great importance and the legal systems such as common law, civil law, customary law, and theocratic law
exists in different countries across the world. There are about 196 sovereign states in the United Nations Organization and each of the states follows a
legal system created by them or by an agreement in the form of regional treaties and other accords.
Common law: A common law system according to Samii (2011, p. 112) is based on a traditions, judge made a precedent and usage. In common law,
the past ruling, legal legislation and the explanation of the statutes is set as precedents for the courts and apply the established practices to a same set
of facts. The law developed through the judgment instead of an executive or legislative statutes to a legal system that relies on constituting a precedent
case law (Chand, n, d).
Any time when the disputing parties disagree on what the rule is the Common law refers any past precedential decisions. The major difference
between the common law and the civil law system is the doctrine of the precedent in which court applies the rulings of previous cases in the
circumstances of the facts is similar.
The judge ruling becomes law that is followed by future judges, which some called as judge made law, or common law. The legacy followed by the
common law is Anglo–American that is widespread in Canada, the U.S, England, Australia, and New Zealand.
Civil law: According to Samii (2011, p. 112),

Differences and Similarities between the Civil and Common...
Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by
following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout
many centuries has been developed in continental Europe and often is called a "continental legal system", achieving its prominence through
development of aqui communitare in Europe. The common law system emerged in England during the Anglo–Saxon period and was developed by
British colonies, reaching its peak in the United Kingdom and the United States of America.
There are many differences as well as similarities between the civil and the common law judicial ... Show more content on Helpwriting.net ...
In an adversary system the judge and jury as decision makers have a passive role in investigating and gathering evidence and are responsible solely
in deciding the case. In contrast, in an inquisitorial system the judge holds a very active role in the process, by choosing which evidence to accept
and applying the law to the evidence in deciding the case. Supporters of the adversary system consider this feature as an advantage because they
believe that the justice is best achieved where the decision maker is neutral, passive and impartial in deciding the case.
Distinction of roles between judges and juries is a further fundamental difference between the adversarial and inquisitorial systems. In an
adversarial system, there is a division of work between a judge and jury. The role of the judge is to adjudicate the issue of law and to ensure that the
trial proceeds comply with the procedural and substantial laws, while the role of the jury is to adjudicate the issue of facts as served by the opposing
parties based on the law given by judges. Generally, a judge will not interfere in jury's decision making, but this approach varies subject to matters
being decided in the criminal or civil cases. In civil cases, a judge has a power to set aside a decision taken by jury if such decision was not made in
accordance with the applicable law. However, in criminal cases a judge does not

Common Law and National Consumer Law
Chapter 1 1. Why did common law become so rigid and inflexible? Answer: By the reign of henry II, the practice of sending the royal justice
throughout the country "on circuit" began to result in fairly uniform body of law developing around the country– the common law. The judges were
assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement, but
often the reasoning behind the judgement, in much the same way as the modern law reports does. During the reign of henry II writs came into wide
use. They were purchased from the king's clerks of chancery and stated the complaint, ordering the name person either to right the wrong or to show the
king's justices... Show more content on Helpwriting.net ...
Explain Answer: law is basically a device to regulate the economic and social behaviour of society. Generally laws are created by people to
maintain harmony in the society and the country. As people have to follow the certain rules of the country or society, there is a sense of
responsibility people feel. If people lived in complete isolation and didn't carry on any economic activity or recognise any superior authority, there
would be no need for laws to exist because there would be nothing to regulate or control. However, the reality is otherwise. People don't live in
complete isolation and economic activity is carried on. The law, as regulatory device, provides the mechanism for society to function by
prioritising needs and desires through tools such as legislation. All these laws are made by the superiors at the higher stages. Even the people
establishing these laws have to follow the same laws so it has to be made regarding the needs of the people. The people creating laws have the
power to organise all these laws and should be pass the law according to the demand of time and the need of the people. All the other tests cannot
be ignored as law because they at some stages describe law. But somehow other statements are less effective. Like, law is not only a command by a
political superiors because all kinds of law are not commanded by political superiors or inferiors. It could be family law commanded by the eldest

The Reasoning Of Common Law

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