Common law and equity developed in parallel legal systems in England. Common law originated from customs and judicial precedents, but problems arose from its rigid writ system. In response, equity developed through the Lord Chancellor to provide flexible remedies. Over time, equity grew into its own court and complemented the common law by protecting rights and interests where common law fell short. This led to the fusion of law and equity in England's legal system.
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This country’s planted thick with laws from coast to coast . . . a.docxjuliennehar
This country’s planted thick with laws from coast to coast . . . and if you cut them down... d’you really think you could stand upright in the winds that would blow then?
A MAn for All SeASonS, Act I
Consider . . . 1.1
John Yates, a commercial fisherman, caught undersized red grouper in federal waters in the Gulf of Mexico. To prevent federal authorities from confirming that he had harvested undersized fish, Yates ordered a crew member to toss the suspect fish into the sea. Yates was charged with, and convicted of, violating 18 U.S.C. § 1519,
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation . . . or
any case filed . . . or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”
Mr. Yates says that the statute applies to financial records and not fish. The statute was passed after Enron collapsed and its financial records and audit papers had been shredded to deter such actions by businesses. Who decides whether the law applies to hurling fish overboard? What should the court decide?
1-1
Definition of Law
Philosophers and scholars throughout history have offered definitions of law. Aristotle, the early Greek philosopher, wrote that “the law is reason unaffected by desire” and “law is a form of order, and good law must necessarily mean good order.” Oliver Wendell Holmes Jr., a U.S. Supreme Court justice of the early twentieth century, said, “[L]aw embodies the story of a nation’s development through many centuries.” Sir William Blackstone, the English philosopher and legal scholar, observed that law was “that rule of action which is prescribed by some superior and which the inferior is bound to obey.” Black’s Law Dictionary defines law as “a body of rules of action or conduct prescribed by the controlling authority, and having legal binding force.”1 Law has been defined at least once by every philosopher, statesman, and police officer.
Law is simply the body of rules governing individuals and their relationships. Most of these rules become law through a recognized governmental authority. Laws give us basic freedoms, rights, and protections. Law also offers a model of conduct for members of society in their business and personal lives and gives them certainty of expectation. Plans, businesses, contracts, and property ownership are based on the expectation that the law will provide consistent protection of rights. Without such constancy in legal boundaries, society would be a mass of chaos and confusion.
1-2
Classifications of Law
1-2a public versus private Law
Public law includes those laws enacted by some authorized governmental body. State and federal constitutions and statutes are all examples of public laws, as are the state incorporation and partnership procedures, county taxation statutes, and lo ...
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This country’s planted thick with laws from coast to coast . . . a.docxjuliennehar
This country’s planted thick with laws from coast to coast . . . and if you cut them down... d’you really think you could stand upright in the winds that would blow then?
A MAn for All SeASonS, Act I
Consider . . . 1.1
John Yates, a commercial fisherman, caught undersized red grouper in federal waters in the Gulf of Mexico. To prevent federal authorities from confirming that he had harvested undersized fish, Yates ordered a crew member to toss the suspect fish into the sea. Yates was charged with, and convicted of, violating 18 U.S.C. § 1519,
“Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation . . . or
any case filed . . . or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”
Mr. Yates says that the statute applies to financial records and not fish. The statute was passed after Enron collapsed and its financial records and audit papers had been shredded to deter such actions by businesses. Who decides whether the law applies to hurling fish overboard? What should the court decide?
1-1
Definition of Law
Philosophers and scholars throughout history have offered definitions of law. Aristotle, the early Greek philosopher, wrote that “the law is reason unaffected by desire” and “law is a form of order, and good law must necessarily mean good order.” Oliver Wendell Holmes Jr., a U.S. Supreme Court justice of the early twentieth century, said, “[L]aw embodies the story of a nation’s development through many centuries.” Sir William Blackstone, the English philosopher and legal scholar, observed that law was “that rule of action which is prescribed by some superior and which the inferior is bound to obey.” Black’s Law Dictionary defines law as “a body of rules of action or conduct prescribed by the controlling authority, and having legal binding force.”1 Law has been defined at least once by every philosopher, statesman, and police officer.
Law is simply the body of rules governing individuals and their relationships. Most of these rules become law through a recognized governmental authority. Laws give us basic freedoms, rights, and protections. Law also offers a model of conduct for members of society in their business and personal lives and gives them certainty of expectation. Plans, businesses, contracts, and property ownership are based on the expectation that the law will provide consistent protection of rights. Without such constancy in legal boundaries, society would be a mass of chaos and confusion.
1-2
Classifications of Law
1-2a public versus private Law
Public law includes those laws enacted by some authorized governmental body. State and federal constitutions and statutes are all examples of public laws, as are the state incorporation and partnership procedures, county taxation statutes, and lo ...
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The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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1. Business Law 421 Week 2 Common Law Assignment
Business Law Common Law Assignment Hayley Gramson Student No. 17004217 Word Count
1003 a) In a letter dated 14/02/2011, the manager (Dave) of Excellent Foods (EF) outlined
conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF.
These conditions were that SF must pay the valued amount of EF, which totaled $120,000, $30,000
more than the original amount that SF had been prepared to pay and stipulated during earlier
negotiations. At the time of the earlier negotiations, SF also had set a purchase requirement, which
was that EF's sales must increase by 20% over the next two months and if this requirement was met,
SF would be prepared to...show more content...
A leading case which illustrates the purpose of promisary estoppal is Waltons Stores v Maher
where Waltons negotiated with Maher over the grant of a lease of property that Maher owned.
Maher agreed to demolish a building in order to make way for a new custom designed building to
be occupied by Waltons. Changes and agreements were made by both parties over the following
months. Waltons later decided that they no longer required the building after Maher had already
informed then that they were proceeding with the demolition and despite being aware of this,
advised their solicitors to 'go slow' in informing Maher of their reservations. Due to Maher having
initially received a clear promise, suffered considerable loss and completed many acts under the
belief that Waltons would go ahead with the promise as well as Waltons acting unconscionably
against Maher in 'going slow' in informing Maher of their true intentions, Maher was able to rely
on promisary estoppel and therefore won on first instance and later at the appeal.[4] In this case,
Excellent Foods did not suffer any considerable loss from Safe Foods
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2. common law and equity Essay
Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a
system of law developed by the court of chancery in parallel with the common law. It was designed
to complement it, providing remedies for situations that were unavailable at Law. Because of this,
Equity provided a dimension of flexibility and justice that was often times lacking because of the
common law's rigidity. This rigidity stems from the fact that, while courts sometimes altered their
jurisdictions and procedures, the fundamental premises and noticeable forms of the common law
went largely unchanged between the 13th and 19th centuries.
The common law was regarded as a birthright for all Englishmen; however, as the Crown continued
to...show more content...
Little by little the chancery developed into its own court of law.
In the 14th century, bills complaining of interference with the common law were passed on to the
chancery. It was a convenient clearing–house for all types of business in this regard. By 1400 people
simply went straight to the chancellor. The Chancellor gained popularity due to the fact that as the
saying went, "no deserving plaintiff would be sent out of the chancery without a remedy."
(J.H.Baker. An Introduction to English Legal History, pg. 117) One possible remedy, as Baker
describes, was a new form of the original writ. The bill would then be sent on to parliament for a
legislative solution. However, many times the remedy was "ad hoc," arising from the special facts
of that particular case. It was in these instances that the chancery issued decrees that only applied to
the parties in the suit.
At first these decrees were made in the King's name, and then they were by the court in the presence
of judges, sergeants, councilors, and advisors. However, later, around the time of the 15th century,
the chancellor began to issue decrees in his own name. In making these decrees, the chancellors did
not regard themselves as administering a law any different from the common law of England.
Rather, they saw themselves reinforcing the existing law, protecting
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3. 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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4. 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 between common 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...
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
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5. Constitutional Law Vs Common Law
The U.S law is comprised of 4 major sources which cover different fields in the U.S legal system.
Alike many other countries, the U.S also abides by the common law. Common laws are made up of
general rules, customs, and experiences, which have already occurred in the judicial system. The
common law provides a fair and constant guideline for individuals in society and in the legal system
to follow by. Constitutional laws are those that are expressed in the U.S Constitution and explain the
powers and limits that the government has. Although some state constitutions share the same laws
that the U.S constitution enforce, certain states vary and provide larger rights to their citizens.
Unlike the common law, statutory laws are written laws that
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6. Comparison of Common Law and Civil Law
COMMON LAW V CIVIL LAW
COMMON LAW(characteristics)for comparing or contrast purpose
Common law systems are mostly found in former british colony and protectorate including US, it is
less prescriptive than civil law system,citizens are benefited by enactment and legislation in specific
fields.more often are the implied terms usage.
1)represents the law of courts as expressed in judicial decision
2)based on precedents provided by past judicial decisions,no written statues or prescribed texts
3)trial by the jury and the doctrine of the supremacy of the law(originally meant king above law,now
means acts of governmentall agencies are subject to scruting in ordinary legal proceedings)
4)everything is permitted which is not prohibited...show more content...
* In some civil law systems, e.g., Germany, writings of legal scholars have significant influence on
the courts; * Courts specific to the underlying codes – there are therefore usually separate
constitutional court, administrative court and civil court systems that opine on consistency of
legislation and administrative acts with and interpret that specific code; * Less freedom of contract –
many provisions are implied into the contract by law and parties cannot contract out of certain
provisions. A civil law system is generally more prescriptive than acommon law system. However,
a government will still need to consider whether specific legislation is required to either limit the
scope of a certain restriction to allow a successful infrastructure project, or may require specific
legislation for a sector. Please go to Legislation and Regulation and "Organizing Government to
think PPP" sections for more information on this. There are a number of provisions implied into a
contract under the civil law system – less importance is generally placed on setting out ALL the
terms governing the relationship between the parties to a contract in the contract itself as
inadequacies or ambiguities can be remedied or
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7. Common Law And Equity Law
COMMON LAW AND EQUITY
Introduction
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, me the 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
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8. Common Law Concepts Essay
CONCEPT 1 – COMPENSATION AS A WAY TO REDUCE NUISANCE (Hogan & Edwards,
2003) states the idea of compensation in Common Law is to protect the environment as it amplifies
the need for organisations and individuals within a society to prevent nuisance. Furthermore,
compensation concept has raised conflict between environmental concerns and restricts the property
holder's rights to fully utilize their resources. Nevertheless, the idea of compensation can also be
seen as an ethical guideline for the society, of which if any laws were to be broken, for example
harming the environment, appropriate punishments will be conducted. Therefore, the act of
compensation may lead to a greater cause in the long run for society to reduce nuisance. To...show
more content...
A real business example is Santos, a major Australian oil and gas exploration and production
company compensating farmers in Queensland. According to (Bahnisch, 2012) Santos, the
company compensated private landowners majorly farmers for AUD2500 per well, in order to
conduct a search for coal seam gas. This action identifies the exploitation of compensation as a
method to appease landowners rather than preventing nuisance. Furthermore this evidently shows
contradiction towards the idea of compensation, which sole purpose was to prevent or eliminate
any form of nuisance caused towards the environment. Overall, this example may show flaws of
compensation to reduce nuisance and to protect the environment however, it is arguable that the
outcome for the search of coal seam gas in private lands can be of a greater cause. The means
justify the ends. Overall as an urban planner, the existence of compensation hinder planner to
propose a master plan. This is because urban planner would need to construct an optimum master
plan that appease both the government and the society due to the existence of private and public
land ownership. Hence to avoid and reduce the risk of
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9. 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
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10. Common Law And Equity Essay
The Development of Common Law and Equity
1.0 Introduction
I have been asked to write a report on the development of common law and equity. Common law
refers to the law created by judges that was historically significant but has been since superseded by
parliament. It is in parallel with equity which refers to the source of law created by the Lord
Chancellor which was designed to supplement the common law and allow people the opportunity to
avoid the inherent problems. Equity is 'the gloss on the common law'. The following report will go
through step by step on how common law and equity have developed between the years 1066 to our
present day.
2.0 Development of Common Law...show more content...
The common law however, was not written down immediately, however, after a period of time it
was written down and later a further development was made and the ruling made by kings, were
also written down. This was a huge development for Common Law in the legal system as it gave
some sort of guidance with cases.
3.0 Problems with common law
3.1 Problem 1
The first problem that occurred was the writ system; before a case could begin the complainant
had to obtain a writ. Originally, writs were reserved for special cases because most cases were heard
in the Eyre. However, the trend became to create new writs so that royal courts could hear more
cases. In 1189 there were about 40 writs, by the time of Edward (1272–1307) there were more than
400. In the 1300's the number of writs became fixed and if a writ didn't fit the facts of a particular
case then it would be thrown out of court. The maxim "no writ, no remedy." The common law was
based on the writ system, which could cause difficulty, as it was sometimes difficult to find writs
which fitted the exact case. This caused a problem because the 'Provisions of Oxford 1258' forbid
the creation of new writs which meant that they had to fit their facts into an exact existing writ. This
problem with the writ system led to people
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11. 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
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12. 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
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13. Introduction
The Common law and Statute law are two main sources of the New Zealand legal system which
was derived from the English. The Common law is a form of law that was imported from the
United Kingdom and/or made in New Zealand. Laws that were made in New Zealand courts means
that some aspects of the common law will vary from the United Kingdom. A Statute law is a law
made by the New Zealand Parliament (Ministry of Justice, 1999).
Laws are needed in a country to ensure that the society is sustained. Laws make sure that people
are safe from harm and peace is maintained within the society. The law also functions to keep the
Government from possible damages. In addition, it provides the people goods and services, as well
as encourage positive values that would be seen as beneficial.
The statute that this assignment will focus on, is: 'Children, Young Persons, and their Families Act
1989' in Aotearoa/New Zealand. It will be divided into two parts:
Part one will discuss the social forces that shaped the legislation and the way in which it had been
applied. Possible changes about the legislation will also be discussed if there is any to be found.
Part two is an explanation of the legislation and its connection with the social work practice. These
will be applied to a given practice scenario and its possible impacts. Other relevant legislations will
also be considered.
Part One
Children, Young Persons Act 1974
The Children, Young Persons Act 1974 (CYP Act 1974) presented
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14. Difference Between Common Law And English Law
Common law – that part of the English law not embodied in legislation. It consists of rules of law
based on common custom and usage and on judicial court decisions. English common law became
the basis of law in the USA and many other English–speaking countries.
Trial by jury – There isn't really a definition that holds true everywhere. A trial by Jury in the UK
is very different from a trial by Jury in the US. Trial by jury in the 15th century was very different
from trial by jury now. In all depends on how the jury in the court judges.
Parliament – Parliament is pretty much the identical to the legislative branch here in the US. The
prime minister is accountable in his actions to the parliament. The parliament consists of the house
of lords, house of commons and monarch.
Magna Carta – Magna Carta Latin for Great Charter, literally "Great Paper", also called Magna
Carta Libertatum Great Charter of Freedoms, is an English legal charter, originally issued in the
year 1215. It was written in Latin.
England's bill of rights – The Bill of Rights 1689 is an Act of the Parliament of England with the
long title "An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of
the Crown" and also known by its short title, the Bill of Rights. It is one of the basic documents of
English constitutional law, alongside Magna Carta, the Act of Settlement and the Parliament Acts. It
also forms part of the law of some other Commonwealth nations, such as New Zealand
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15. On this first week I learned so much about how criminal law is evaluated, organized, and made.
Also I learned about the English common law includes legislation, and a multitude of other legal
norms that help on the evaluation of criminal laws, such as federal and state constitutions that are
based on congress and state legislatures. It also includes how the lawmakers are made or changed
by the judicial powers of review and how the judicial power interpret them. English common law in
the past was based on the principle that the rulings made by the King's courts were made according
to the common custom of the kingdom, as opposed to decisions made in local and manorial courts
which judged by provincial laws and customs. Now in day this...show more content...
In addition, many other important issues may be included. Many state constitutions, contrasting the
federal constitution, also begin with an invocation of God.
The constitution of the United States divides the federal government into three branches: Legislative
branch, executive branch, and judicial branch. The legislative branch is the one responsible to make
laws, executive branch carries out laws and finally judicial branch is about evaluating laws.
Judicial review is the power of a court to review the constitutionality of a bill, or to review an
administrative regulation for stability with either a bill, an agreement, or the Constitution itself.
Judicial interpretation is a theory or mode of thought that explains how the judiciary should interpret
the law, particularly constitutional documents and legislation.
The legislative branch plays a very important role on the evaluation of criminal laws because this
branch consists of the House of Representatives and the Senate, which together form the United
States Congress. The Constitution allows Congress the individual authority to pass legislation and
declare war, the right to confirm or reject many Presidential appointments, and
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16. Law is the set of rules and principles that helps to guide the society in balancing everything. It
commands what should be done and what should not be done. It helps in protecting the rights of a
person and property. People should beware of the rules and their rights to stay safe.
There are 3 legal systems: adversarial, inquisitorial and jury system.
Adversarial legal system (common law): The judgements of the past cases will be used for cases
with similar facts if there is any dispute or confusion about the law. The judges have a right to
make laws and the laws made by the higher courts should be followed by the lower court. In this
system, two advocates represent their clients and argues for justice and the jury gives justice. It is
the party's responsibility to gathering...show more content...
They can correct the judge if he is not fair and save the innocent.
Disadvantages: The defendants may manipulate the jury and they may give wrong verdict about the
questions given by the judge to the jury. They may be inconsistent because they are young and they
do not have any experience.
The jury system was abolished in India after Nanavati v The State of Maharastra case because the
verdict given by the jury was misleading and it was said that, the jury was getting influenced by
media which is resulting in the miscarriage of a fair trial. In India, justice is administered in two
different spheres i.e. civil legal system which protects the civil rights and criminal legal system
which protects the law and order. If a person commits a civil wrong then he will be prosecuted
under civil legal system and if a person commits a criminal offence then he will be prosecuted under
criminal legal system. Criminal legal system deals with the cases of commission of offence,
investigation, criminal trials, punishment and imposing sentence and Civil deals with recovery of
money, property disputes
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17. William The Conqueror Case Study
Equity has brought benefits to many litigants who would otherwise have been severely
disadvantaged by the common law. Discuss, with reference to decided cases. William the
Conqueror found England with no single system of law common to the whole country. The law
was mainly sets of customary rules which differed from area to area. For example, in one area
you could get away with stealing, in another it would be seen as crime. There was no such thing as
' The English Legal System" until William's invasion in 1066. William developed the legal system
and introduced many rules. William preserved some of the old customary laws and used them as a
basis for common laws. He introduced the feudal system and King's justice, these were made to
...show more content...
The second remedy is specific performance in which the court compels a party to fulfill a previous
agreement, as in the case of [Wrath v Tyler]. Rectification which is the amendment of documents
which previously did not express its true intention such as in the case of [Re Posner] in which the
testator was allowed to rectify his will to reflect his true intentions, is another form of remedy. The
fourth remedy is rescission where a contract is nullified, thus allowing two parties to return to their
original positions prior to the agreement as seen in [Tumstem v Bhanderi] On the other hand,
equity also introduced modern remedies which are Mareva Injunction and the Anton Piller order.
The former which is freezing order where the court has the authority to restrain a person from
transferring his assests away from the court's jurisdiction such as to another country is first
established in the case of [Mareva v International Bulkcarries]. The latter is the search order
granting access into another's premise to search or remove any documents or evidences. As in the
case of [Anton Piller v Manufacturing Processes Ltd], the defendant was suspected of selling away
his campany's technical drawings to the rival company hence court granted the Anton Piller order to
search his house. Last but not least, equity also established maxims to ensure decisions were
morally fair. One of the popular maxims is " He who comes to equity must
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18. 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...
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
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19. Constitutional, Statutory, Administrative, and Common Law
The greatest legal document ever to be written is the United States Constitution. The constitution is
ultimately a series of power compromises and is the foundation of common law. Merriam–Webster
defines common law as " the area of law that has to do with the subject matter and with the
interpretation and construction of constitutions or that deals with the nature and organization of
government" (Constitutional Law). Cases involving constitutional law are heard by the United States
Supreme Court where judgment is based on the U.S. Constitution. Of the various different articles
seated in the constitution, three of them describe a system of checks and balances dividing the
national...show more content...
Judicial review is one power that federal courts hold allowing them to declare actions made by
government void. This includes any branch of government (Beatty, Samuelson, Bredeson 57).
When a legislature offers an affirmed legal code, it is then a statutory law. The process of
statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law.
This new statue acts as a primary law and must the followed from then on out. Statutory law differs
from common law, which is a law made a judge. "Common law is the system of deciding cases that
originated in England and which was latter adopted in the U.S.. Common law is based on
precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are
now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has
made its decision on particular case the same ruling will be applied to any similar case that
follows. Stare decisis is important because it allows predictability to law. This way, things stay the
same, and laws can be more easily applied in cases. However, because new problems are constantly
arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).
Administrative law refers of course to the administration of our nation's laws and those branches that
are responsible for that administration. "Administrative authority is different from legislative or
judicial
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20. Common Law and Equity Essay
Common Law and Equity Inconsistent to draw up the relationship between common law and equity,
we firstly have to define what is common law? What are the defects of common law, and to what
extend equity have been created. From the development of common law and equity, what has been
the effects of the Judicature Acts 1873–1875? What are the equitable maxims that are needed to be
satisfied? What are the various kind of equitable remedies that have been developed?
During the Norman Conquest, circuit judges have been travelling from one county court to another
in order to settle disputes. Later, common law courts have been...show more content...
Many litigants are unable to seek appropriate redress. Common law often look on the procedure
rather than the intent.
Based on the defects of common law, many litigants petitioned the King, the Justice of Fountain so
that the King will be able to preside on the cases.But then later, the King passed the workload to
the Lord Chancellor. Soon the Lord Chancellor start to make decision on his own authority rather
than as a substitute for the King. This has tribute to the development of the Court of Chancery. The
court is not bound by any particular rules, neither does not followed binding precedent. All
decision are based on the right and wrong of the Chancellor. Many have resented about the various
decision which are made according to the length of the Chancellor foot. The court follows the
merits of a case and not precedent. In a particular case, in Earl of Oxford case 1625, there have been
conflicting judgement between the common law and the Court of Chancery judgement. This matter
was later referred to the King, and the King have decided that now and in future, if both law conflict,
equity shall always prevail. Besides that contrary with common law, equity recognises trust and
mortgages. Equity recognises and
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