The document discusses several key aspects of common law:
1. Common law evolves over time through judicial precedents set in case law, allowing it to adapt to changing social needs and understanding. This contrasts with statutory law.
2. Higher courts can overrule precedents set by lower courts, and courts seek to balance continuity with allowing for legal growth.
3. As British colonies gained independence, most adopted the English common law precedent in place at the time as the foundation for their new legal systems.
Common law originated in England and has spread to other countries like Australia. It is law developed by judges through precedents set in past cases, rather than law made by parliament. Judges must follow statutes but can interpret them and fill gaps using common law principles. Over time, as more cases were decided, a system of precedent developed where judges are bound by past decisions of higher courts. Equity later developed to provide remedies where common law was deficient, using moral principles of fairness. Both legal systems now coexist in Australia with precedent and equity considered together. The adversarial system used in common law involves opposing sides arguing their case before a neutral decision maker.
This document provides an overview of the English legal system and various aspects of law as a subject for study. It outlines expectations for the AS level law course, exam dates and content which covers legal structures, processes, reasoning and personnel. It then defines different types of law and provides examples of criminal/public law involving the state as well as civil/private law disputes between individuals. Constitutional law and its unwritten nature in the UK is discussed alongside the separation of powers and the changing role of the Lord Chancellor to satisfy that principle.
The document defines the rule of law as having four universal principles:
1) Government and individuals are accountable under the law.
2) Laws are clear, publicized, stable, just, applied evenly and protect fundamental rights.
3) Laws are enacted, administered and enforced through processes that are accessible, fair and efficient.
4) Justice is delivered in a timely manner by competent, impartial and independent representatives who adequately serve their communities.
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
Introduction to english jurisprudence (1)AQSA SHAHID
Jurisprudence is the study of fundamental legal principles and their relationship to other social sciences. It is derived from the Latin terms "juris" meaning law and "prudentia" meaning knowledge. Jurisprudence has three main branches: historical jurisprudence examines the origins and development of law; analytical jurisprudence analyzes basic legal concepts and principles; and ethical jurisprudence approaches law from an ethical perspective of how it should ideally be. Jurisprudence has practical applications such as providing terminology to legislators, filling gaps in laws, and helping legal professionals better understand statutes. It also relates to other fields like sociology, psychology, economics, and politics that influence and are influenced by legal systems.
This document provides an overview of three major theories of law: natural law, positivism, and sociological theories.
The natural law section describes natural law as law that is in accordance with nature and morality. It outlines key principles like laws being derived from human reasoning and conscience. Positivism holds that only positive law established by the state is valid law, regardless of morality. Sociological theories view law as a social institution that should be interpreted in its social context to benefit society. Law is studied as a means of social control and problem-solving.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
Common law originated in England and has spread to other countries like Australia. It is law developed by judges through precedents set in past cases, rather than law made by parliament. Judges must follow statutes but can interpret them and fill gaps using common law principles. Over time, as more cases were decided, a system of precedent developed where judges are bound by past decisions of higher courts. Equity later developed to provide remedies where common law was deficient, using moral principles of fairness. Both legal systems now coexist in Australia with precedent and equity considered together. The adversarial system used in common law involves opposing sides arguing their case before a neutral decision maker.
This document provides an overview of the English legal system and various aspects of law as a subject for study. It outlines expectations for the AS level law course, exam dates and content which covers legal structures, processes, reasoning and personnel. It then defines different types of law and provides examples of criminal/public law involving the state as well as civil/private law disputes between individuals. Constitutional law and its unwritten nature in the UK is discussed alongside the separation of powers and the changing role of the Lord Chancellor to satisfy that principle.
The document defines the rule of law as having four universal principles:
1) Government and individuals are accountable under the law.
2) Laws are clear, publicized, stable, just, applied evenly and protect fundamental rights.
3) Laws are enacted, administered and enforced through processes that are accessible, fair and efficient.
4) Justice is delivered in a timely manner by competent, impartial and independent representatives who adequately serve their communities.
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
Introduction to english jurisprudence (1)AQSA SHAHID
Jurisprudence is the study of fundamental legal principles and their relationship to other social sciences. It is derived from the Latin terms "juris" meaning law and "prudentia" meaning knowledge. Jurisprudence has three main branches: historical jurisprudence examines the origins and development of law; analytical jurisprudence analyzes basic legal concepts and principles; and ethical jurisprudence approaches law from an ethical perspective of how it should ideally be. Jurisprudence has practical applications such as providing terminology to legislators, filling gaps in laws, and helping legal professionals better understand statutes. It also relates to other fields like sociology, psychology, economics, and politics that influence and are influenced by legal systems.
This document provides an overview of three major theories of law: natural law, positivism, and sociological theories.
The natural law section describes natural law as law that is in accordance with nature and morality. It outlines key principles like laws being derived from human reasoning and conscience. Positivism holds that only positive law established by the state is valid law, regardless of morality. Sociological theories view law as a social institution that should be interpreted in its social context to benefit society. Law is studied as a means of social control and problem-solving.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
Montesquieu developed the theory of separation of powers which proposes that a government's power be divided into legislative, executive, and judicial branches. This prevents any one branch from holding absolute power. In his writings, Montesquieu argued the executive and legislative powers should be separate to protect liberty. Checks and balances allow each branch to limit the others' power. Bangladesh follows this model with Parliament (legislative), the Prime Minister and Cabinet (executive), and the Supreme Court (judicial). However, complete separation is difficult and some criticize that it can hinder efficient administration.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
John Austin was a 19th century English jurist who is considered the founder of analytical jurisprudence. He entered the army after finishing school and later became a lawyer. In 1826, he was appointed to a chair of jurisprudence at the University of London. His most influential work was "The Province of Jurisprudence Determined" published in 1832, where he analyzed the nature of positive law and sovereignty. Austin defined positive law as a command from a sovereign backed by sanctions for disobedience. He believed law derives from a sovereign who is habitually obeyed but not themselves in the habit of obedience to any other.
Jurisprudence refers to the philosophy or science of law. It involves analyzing fundamental legal principles and their underlying concepts. Different scholars have defined jurisprudence as the knowledge of law, examination of legal ideals and precepts, or the formal study of positive laws. The scope of jurisprudence varies between philosophical schools but generally encompasses the study of natural law, positive law, legal concepts, and the purpose and functions of law in society. Jurisprudence is useful for the practical application of law, helps develop logical legal analysis skills, and informs the legislative process.
This document summarizes key details about the 1773 Regulating Act and some famous case laws from this period in India. It discusses reasons for the Act, its main features, and the establishment of the Supreme Court of Judicature. It then summarizes three important cases - the Nand Kumar case (a judicial murder), the Patna case of 1777-1779, and the Cossijurah case - that challenged the jurisdiction and authority of the newly formed Supreme Court.
The document discusses several jurisprudential schools of thought including the imperative school, historical school, sociological school, and analytical school. It focuses on the analytical school, noting its main exponents were Bentham, Austin, Holland, Gray, Salmond, and Kelson. The analytical school reacted against natural law theory and was influenced by scientific methods. It viewed law in a positivist manner as commands by a sovereign backed by sanctions. John Austin is discussed as developing this theory in more detail, defining law as a command by a sovereign and distinguishing general and particular commands.
The document discusses the contemporary crisis of legitimacy in legislation. It argues that a legitimacy crisis occurs when a government is unable to fulfill basic needs or exploits its people. In India specifically, there is a lack of respect for law due to widespread corruption. Politicians abuse power and prioritize group interests and inequity over equal distribution of resources. Other issues contributing to the legitimacy crisis include uneducated leaders, scandals, the involvement of criminals in politics, black money, and conflicts between different levels of government. The crisis represents an inability to envision and build the future.
Constitutionalism refers to ideas and theories that place limitations on political power and a government's control over its citizens. It is concerned with both establishing a framework of rights protections and structural provisions, as well as fostering commitment to constitutional values. Some key aspects of constitutionalism include limiting government power, respect for the rule of law, an independent judiciary, protection of fundamental rights and liberties, accountability of the government through elections and oversight bodies, and entrenchment of constitutional principles to prevent easy amendments that weaken safeguards. However, free and fair elections alone do not guarantee that a system respects constitutional values.
The Privy Council originated in Norman England as an advisory body to the King consisting of his personal advisors. Over time it evolved and split into different bodies that dealt with executive and judicial matters. The modern Privy Council was established in the 16th century as an advisory body to the King on state affairs. It later took on a judicial role, hearing appeals from courts in British colonies and eventually from courts in British India starting in the 18th century. The right of appeal to the Privy Council from Indian courts continued into the 20th century until it was abolished in 1949 with the passage of the Abolition of Privy Council Jurisdiction Act in independent India.
Equity developed alongside the common law system to provide remedies in situations where the common law was inadequate or unfair. The Court of Chancery, overseen by the Lord Chancellor, would hear cases and provide equitable relief directed at the parties. Over time, equitable principles and remedies became established through precedent. Today in common law countries, equity has merged with the legal system but still provides judges with additional remedies beyond damages when needed, drawing from long-established equitable doctrines and maxims.
The document outlines the criminal justice system reforms introduced in Bengal in 1790. Key features include:
1) Establishing Circuit Courts that would visit each district twice a year to try criminal cases, assisted by Muslim law officers.
2) Empowering District Magistrates to apprehend, arrest, and impose minor punishments on criminals.
3) Creating a Sadar Foujudari Adlat (High Court of Criminal Justice) in Calcutta to replace the previous court located in Murshidabad.
The reforms aimed to address defects in the prior Muslim criminal law system and courts, which were seen as corrupt and imposed severe punishments for petty crimes.
Indian legal and constitutional historynileshlegal
The document summarizes key events in the history of the Indian legal system under British East India Company rule. Some key points:
1. The East India Company was granted a royal charter in 1600 which gave it trading monopolies and powers to make laws and punish wrongdoers in India. This laid the foundation for an Anglo-Indian legal system.
2. In 1772, Warren Hastings established district-level civil and criminal courts (Mofussil Diwani and Fauzdari Adalats) along with higher Sadar Adalats. This helped establish the first uniform judicial system across British India.
3. The Regulating Act of 1773 created the Supreme Court in Calcutta
The document provides a history of law from ancient Babylonian law to modern Canadian law. It describes key aspects of the laws of Hammurabi from 1800 BC including social classes with different rights and punishments. Family law allowed divorce but punished adultery and incest. Criminal law followed the principle of "an eye for an eye" with brutal punishments. Mosaic law from Moses focused on restitution. Roman law created the role of lawyers and Justinian codified laws. Canadian law is based on both French civil law and English common law traditions.
The sources of law in Malaysia include the Federal Constitution, state constitutions, legislation passed by federal and state legislatures, judicial decisions, English common law, Islamic law, and customary laws. The Federal Constitution is the supreme law of the land. Legislation includes Acts of Parliament and subsidiary legislation. Judicial decisions become precedents through the doctrine of stare decisis. English common law was received prior to independence. Islamic law and native customary laws also apply in certain circumstances.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
Analytical legal positivism is an influential school of legal theory that views law as commands from the state. Key features include treating law as distinct from morality, viewing laws as social facts emanating from sovereign authorities, and emphasizing legislation as the source of law. Major exponents were Jeremy Bentham, who saw law as commands from the sovereign across different aspects, and John Austin, who defined law as commands from a political superior in his influential work The Province of Jurisprudence Determined. While influential, their theories were also subject to criticism regarding abstract rationalism and the relationship between individuals and communities.
The origins and meanings of administrative lawtaratoot
The document provides an overview of administrative law, including its origins and meanings. It discusses how administrative law seeks to reduce arbitrariness and unfairness in bureaucratic government through several key principles and cases. It explains that administrative law developed from judicial decisions and statutes to establish standards of due process that administrative agencies must follow, such as requiring a full and fair hearing as outlined in the Morgan v. United States Supreme Court case. It also discusses how Goldberg v. Kelly established that due process requires a hearing prior to terminating welfare benefits.
Theory on principle of separation of powers Udisha Singh
The document discusses the theory of separation of powers and checks and balances. It outlines Montesquieu's formulation of separation of powers, with the legislative, executive, and judicial branches being separate and checking each other. While India's system does not strictly separate powers, it aims to separate functions as much as possible under a parliamentary system that requires cooperation between branches. Separation of powers is a guiding principle that is implemented to varying degrees based on different governmental systems.
This document provides a summary of key terms and concepts related to property rights under Ukrainian law. It begins with definitions of ownership and the contents and subjects of ownership. It then outlines different types of property ownership, including state, communal, and private ownership. The document also discusses various ways of acquiring property, such as through occupation of derelict or lost property, finding property, and acquisitive prescription. It provides details on how ownership can be obtained through these different methods of acquisition under Ukrainian civil law.
Montesquieu developed the theory of separation of powers which proposes that a government's power be divided into legislative, executive, and judicial branches. This prevents any one branch from holding absolute power. In his writings, Montesquieu argued the executive and legislative powers should be separate to protect liberty. Checks and balances allow each branch to limit the others' power. Bangladesh follows this model with Parliament (legislative), the Prime Minister and Cabinet (executive), and the Supreme Court (judicial). However, complete separation is difficult and some criticize that it can hinder efficient administration.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
John Austin was a 19th century English jurist who is considered the founder of analytical jurisprudence. He entered the army after finishing school and later became a lawyer. In 1826, he was appointed to a chair of jurisprudence at the University of London. His most influential work was "The Province of Jurisprudence Determined" published in 1832, where he analyzed the nature of positive law and sovereignty. Austin defined positive law as a command from a sovereign backed by sanctions for disobedience. He believed law derives from a sovereign who is habitually obeyed but not themselves in the habit of obedience to any other.
Jurisprudence refers to the philosophy or science of law. It involves analyzing fundamental legal principles and their underlying concepts. Different scholars have defined jurisprudence as the knowledge of law, examination of legal ideals and precepts, or the formal study of positive laws. The scope of jurisprudence varies between philosophical schools but generally encompasses the study of natural law, positive law, legal concepts, and the purpose and functions of law in society. Jurisprudence is useful for the practical application of law, helps develop logical legal analysis skills, and informs the legislative process.
This document summarizes key details about the 1773 Regulating Act and some famous case laws from this period in India. It discusses reasons for the Act, its main features, and the establishment of the Supreme Court of Judicature. It then summarizes three important cases - the Nand Kumar case (a judicial murder), the Patna case of 1777-1779, and the Cossijurah case - that challenged the jurisdiction and authority of the newly formed Supreme Court.
The document discusses several jurisprudential schools of thought including the imperative school, historical school, sociological school, and analytical school. It focuses on the analytical school, noting its main exponents were Bentham, Austin, Holland, Gray, Salmond, and Kelson. The analytical school reacted against natural law theory and was influenced by scientific methods. It viewed law in a positivist manner as commands by a sovereign backed by sanctions. John Austin is discussed as developing this theory in more detail, defining law as a command by a sovereign and distinguishing general and particular commands.
The document discusses the contemporary crisis of legitimacy in legislation. It argues that a legitimacy crisis occurs when a government is unable to fulfill basic needs or exploits its people. In India specifically, there is a lack of respect for law due to widespread corruption. Politicians abuse power and prioritize group interests and inequity over equal distribution of resources. Other issues contributing to the legitimacy crisis include uneducated leaders, scandals, the involvement of criminals in politics, black money, and conflicts between different levels of government. The crisis represents an inability to envision and build the future.
Constitutionalism refers to ideas and theories that place limitations on political power and a government's control over its citizens. It is concerned with both establishing a framework of rights protections and structural provisions, as well as fostering commitment to constitutional values. Some key aspects of constitutionalism include limiting government power, respect for the rule of law, an independent judiciary, protection of fundamental rights and liberties, accountability of the government through elections and oversight bodies, and entrenchment of constitutional principles to prevent easy amendments that weaken safeguards. However, free and fair elections alone do not guarantee that a system respects constitutional values.
The Privy Council originated in Norman England as an advisory body to the King consisting of his personal advisors. Over time it evolved and split into different bodies that dealt with executive and judicial matters. The modern Privy Council was established in the 16th century as an advisory body to the King on state affairs. It later took on a judicial role, hearing appeals from courts in British colonies and eventually from courts in British India starting in the 18th century. The right of appeal to the Privy Council from Indian courts continued into the 20th century until it was abolished in 1949 with the passage of the Abolition of Privy Council Jurisdiction Act in independent India.
Equity developed alongside the common law system to provide remedies in situations where the common law was inadequate or unfair. The Court of Chancery, overseen by the Lord Chancellor, would hear cases and provide equitable relief directed at the parties. Over time, equitable principles and remedies became established through precedent. Today in common law countries, equity has merged with the legal system but still provides judges with additional remedies beyond damages when needed, drawing from long-established equitable doctrines and maxims.
The document outlines the criminal justice system reforms introduced in Bengal in 1790. Key features include:
1) Establishing Circuit Courts that would visit each district twice a year to try criminal cases, assisted by Muslim law officers.
2) Empowering District Magistrates to apprehend, arrest, and impose minor punishments on criminals.
3) Creating a Sadar Foujudari Adlat (High Court of Criminal Justice) in Calcutta to replace the previous court located in Murshidabad.
The reforms aimed to address defects in the prior Muslim criminal law system and courts, which were seen as corrupt and imposed severe punishments for petty crimes.
Indian legal and constitutional historynileshlegal
The document summarizes key events in the history of the Indian legal system under British East India Company rule. Some key points:
1. The East India Company was granted a royal charter in 1600 which gave it trading monopolies and powers to make laws and punish wrongdoers in India. This laid the foundation for an Anglo-Indian legal system.
2. In 1772, Warren Hastings established district-level civil and criminal courts (Mofussil Diwani and Fauzdari Adalats) along with higher Sadar Adalats. This helped establish the first uniform judicial system across British India.
3. The Regulating Act of 1773 created the Supreme Court in Calcutta
The document provides a history of law from ancient Babylonian law to modern Canadian law. It describes key aspects of the laws of Hammurabi from 1800 BC including social classes with different rights and punishments. Family law allowed divorce but punished adultery and incest. Criminal law followed the principle of "an eye for an eye" with brutal punishments. Mosaic law from Moses focused on restitution. Roman law created the role of lawyers and Justinian codified laws. Canadian law is based on both French civil law and English common law traditions.
The sources of law in Malaysia include the Federal Constitution, state constitutions, legislation passed by federal and state legislatures, judicial decisions, English common law, Islamic law, and customary laws. The Federal Constitution is the supreme law of the land. Legislation includes Acts of Parliament and subsidiary legislation. Judicial decisions become precedents through the doctrine of stare decisis. English common law was received prior to independence. Islamic law and native customary laws also apply in certain circumstances.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
Analytical legal positivism is an influential school of legal theory that views law as commands from the state. Key features include treating law as distinct from morality, viewing laws as social facts emanating from sovereign authorities, and emphasizing legislation as the source of law. Major exponents were Jeremy Bentham, who saw law as commands from the sovereign across different aspects, and John Austin, who defined law as commands from a political superior in his influential work The Province of Jurisprudence Determined. While influential, their theories were also subject to criticism regarding abstract rationalism and the relationship between individuals and communities.
The origins and meanings of administrative lawtaratoot
The document provides an overview of administrative law, including its origins and meanings. It discusses how administrative law seeks to reduce arbitrariness and unfairness in bureaucratic government through several key principles and cases. It explains that administrative law developed from judicial decisions and statutes to establish standards of due process that administrative agencies must follow, such as requiring a full and fair hearing as outlined in the Morgan v. United States Supreme Court case. It also discusses how Goldberg v. Kelly established that due process requires a hearing prior to terminating welfare benefits.
Theory on principle of separation of powers Udisha Singh
The document discusses the theory of separation of powers and checks and balances. It outlines Montesquieu's formulation of separation of powers, with the legislative, executive, and judicial branches being separate and checking each other. While India's system does not strictly separate powers, it aims to separate functions as much as possible under a parliamentary system that requires cooperation between branches. Separation of powers is a guiding principle that is implemented to varying degrees based on different governmental systems.
This document provides a summary of key terms and concepts related to property rights under Ukrainian law. It begins with definitions of ownership and the contents and subjects of ownership. It then outlines different types of property ownership, including state, communal, and private ownership. The document also discusses various ways of acquiring property, such as through occupation of derelict or lost property, finding property, and acquisitive prescription. It provides details on how ownership can be obtained through these different methods of acquisition under Ukrainian civil law.
Civil legal capacity refers to an individual's ability under civil law to have rights and duties and act on their own behalf.
There are different types of civil capacity depending on an individual's age and mental health status, including partial capacity for those under 14, incomplete capacity for ages 14 to 18, full capacity at age 18 or upon marriage, and limited capacity for those deemed mentally incompetent by a court.
The extent of an individual's civil capacity determines what actions they can independently commit, whether they bear civil liability, and if guardianship is established over their affairs.
The document outlines the procedures for establishing a limited liability company (LLC) in Ukraine. It discusses preparing documents such as the charter, protocol, and statutes. It also covers registering the LLC with various government agencies, setting the share capital, choosing a name and location, taxation options, obtaining a seal and bank account, and required licenses. The process involves several steps including document preparation, registration, tax registration, and other requirements to legally operate an LLC in Ukraine.
Teori abiogenesis menyatakan bahwa kehidupan berasal dari materi tak hidup dan terbentuk secara spontan. Tokoh-tokoh seperti Aristoteles, John Needham, dan Antonie Van Leeuwenhoek mendukung teori ini melalui penelitian dan eksperimen mereka. Namun, teori ini mulai goyah dengan penelitian tokoh-tokoh lain seperti Francesco Redi, Lazzaro Spallanzani, dan Louis Pasteur yang tidak puas dengan paham abiogenesis.
The document defines criminal offenses under Ukrainian law. A criminal offense is a socially dangerous act prohibited by the Criminal Code that is committed with guilt. Criminal offenses are classified by their gravity as minor, medium, grave, or special grave. The document also analyzes crime statistics from 2014-2015, finding increases in serious offenses involving firearms and assaults but decreases in sexual offenses. It concludes more action is needed to prevent the rising crime trends.
Artificial intelligence is being applied in several areas of law to make legal work more efficient and cost-effective. Some key applications discussed include using machine learning and natural language processing to improve legal research tools, assist with electronic discovery by analyzing large document sets, predict litigation outcomes based on case data mining, provide self-service tools for compliance issues, and extract and analyze information from contracts. While the technology is still developing, it is already enhancing legal services today and its capabilities are expected to grow significantly with further innovation and implementation of AI techniques.
Legal System of England, Introduction, Common Law features in England, Legal History of England, Civil Rights in England, Constitutional Review in an Unwritten Constitution, Hierarchy of Courts, Judicial Review, Rules of precedent in England, English civil Procedure, Criminal Procedure in England
The judicial organization, The House of Lords, The King's Bench Division, The Assize Courts, The Quarter Sessions, Central Criminal Court, Petty Sessions and Police Magistrates, Sentencing Purposes in England, Conclusion, Bibliography
1) Common law systems are based on judicial precedent where court decisions establish law, rather than statutes alone.
2) The common law tradition emerged in England and was applied in British colonies, establishing judicial decisions as the basis.
3) Common law is generally uncodified, relying on scattered statutes and precedent from past judicial decisions.
what is Common law? what is civil law? what are differentiate between common law and civil law ? advantage and disadvantage of common law and civil law,short history both of them.
So, Lastly it can be said that there is a short discussion on civil law and criminal law . You may get help from this slide
This document provides an overview of law and legal systems. It defines law and discusses its aims and branches, including public law (constitutional law, administrative law, criminal law, international law) and private law (civil law, commercial law, international private law). It then contrasts the two major legal systems: the civil law system and the common law system. The document focuses on the common law system, outlining its historical development in England, structure, and sources, with a primary emphasis on judge-made case law as the main source of common law.
Equity originated in England as a body of law separate from common law that was designed to supplement, aid, or override common law to protect rights and enforce duties. Common law was rigid and lacked certain remedies or provided inadequate remedies. In the 13th century, people began petitioning the King for relief, leading to the establishment of the Court of Chancery overseen by the Lord Chancellor. The Chancellor administered justice according to natural law principles of fairness. Over time, the principles and rules developed in Chancery became known as equity. By the late 19th century, common law courts and chancery were merged into a unified court system through the Judicature Acts.
This document provides an overview of the key differences between civil law and common law legal systems. It discusses the origins and development of both systems. Specifically, it notes that civil law originated from Roman law and codes established by legislatures, while common law developed from customs and judicial precedents established in English royal courts. The roles of judges also differ, with civil law judges applying written codes and common law judges respecting the principle of stare decisis to follow precedents set in prior similar cases.
3-Classification of Law and Legal Rules Section 1 Public and Private Laws.pptxAbdelAzim5
The document classifies and describes different types of laws. It discusses the classification of laws in common law countries versus civil law countries. Public law governs relationships between states, public authorities, and individuals dealing with authorities. Private law governs relationships among individuals. The document outlines the branches of public law as constitutional law, administrative law, criminal law, public finance/tax law, and public international law. It also outlines the branches of private law as civil law, commercial law, civil/commercial procedure law, and private international law.
The common law of England developed over hundreds of years beginning with Anglo-Saxon customs and was impacted by the Norman conquest in 1066. Prior to the conquest, there was no unified national legal system and law was local custom. William the Conqueror developed a centralized administration and law. Gradually, common law courts like the Courts of Exchequer, Common Pleas, and King's Bench developed with their own procedures and rules. When plaintiffs could not access these courts, they appealed to the Lord Chancellor, leading to the creation of the Court of Chancery applying equity principles. The Judicature Acts of 1873-1874 established a unified court system applying both common law and equity. Common law refers to law developed by judicial
Law lecture 2 legal institutions and sources of law in australia - parliame...Sonya McConville
This document provides an overview of the legal institutions and sources of law in Australia, including:
1) Australia's legal system has roots in English common law but was also shaped by its history as a penal colony.
2) The primary sources of law are now legislation passed by Parliament and legal precedents set in past court cases.
3) There is a hierarchy of courts with the High Court of Australia at the top, and courts must follow legal precedents set by higher courts in the system.
The document discusses common law, which is law developed by judicial precedent rather than statutes. Under common law, previous court decisions set binding precedents that guide future rulings. Common law systems are used widely in countries with legal heritage from England. While statutes provide general principles, precise laws are determined by locating precedents and reasoning by analogy. Common law also informs interpretation of constitutional and statutory provisions.
This document provides a comparison table of Shari'ah law and English law across 16 legal issues. Key differences include: Shari'ah law is derived from the Quran and hadiths as revealed by Allah, while English law is passed by Parliament; Shari'ah law covers all aspects of life and does not separate religion and state, while English law governs specific legal matters; and Shari'ah law prescribes punishments like stoning, amputation and death for crimes such as adultery, theft and apostasy, while English law prohibits corporal punishment and respects human rights.
The document provides a comparison table of Shari'ah law and English law across 15 legal issues. Some key differences summarized are:
- Shari'ah law is derived from the Quran and hadiths as revealed by Allah, while English law is passed by Parliament.
- Shari'ah law covers all aspects of life from religion to politics and does not distinguish between sacred and secular matters. English law governs legal and civil matters but leaves other areas like religion and personal choices to individuals.
- Punishments under Shari'ah law include public lashings, stoning, amputations and death for crimes like adultery, theft and apostasy. English law prohibits corporal punishment and
This country’s planted thick with laws from coast to coast . . . a.docxjuliennehar
John Yates, a commercial fisherman, was charged with violating a federal statute prohibiting obstruction of justice after he ordered a crew member to throw undersized fish overboard to prevent authorities from discovering the violation. Yates argues the statute was intended for financial records, not fish. The court must decide whether the statute applies to Yates' actions. The document then provides background on definitions, classifications, purposes, and characteristics of law, as well as jurisprudential theories of natural law and positive law.
Law is a set of rules created by social institutions to regulate behavior. Laws apply equally to all, are uniform, and aim to promote human welfare. Administrative law governs public officials and authorities. In Uganda, key sources of administrative law include statutes, the constitution, delegated legislation, and case law. Judicial review allows courts to review executive, legislative, and administrative actions. Specific judicial remedies explained include habeas corpus for unlawful detention, mandamus to compel a public duty, prohibition to forbid certain acts, and certiorari for higher court review of lower decisions.
The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...
Introduction to global legal systems-Legal systems of_the_worldRa Alvi
Civil law originated from Roman law and is the most widespread legal system globally, present in around 150 countries. It draws heavily on codified statutes and uses deductive legal reasoning, with judges interpreting and applying the law. Common law originated in England and relies on precedents from past cases and inductive legal reasoning, with judges also helping create law. The two major legal traditions differ in their sources of law, law-making bodies, and roles of judiciaries and use either inquisitorial or adversarial procedures. However, trends show the traditions converging due to international agreements influencing domestic laws.
This document provides an introduction to the subject of Private International Law (PIL). It defines PIL and outlines its key questions and principles.
1) PIL determines the circumstances under which foreign elements in a legal claim impact jurisdiction, choice of law, and recognition of foreign judgments. It aims to prescribe court competence, determine the law applied to rights, and specify foreign judgment recognition.
2) PIL addresses situations where parties, property, or acts connected to a case involve multiple countries. It determines which country's law applies rather than allowing legal systems to conflict.
3) The three principal questions of PIL are choice of jurisdiction, choice of applicable law, and recognition of foreign judgments. It aims to avoid conflicts and inconvenience
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it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
Assessment and Planning in Educational technology.pptxKavitha Krishnan
In an education system, it is understood that assessment is only for the students, but on the other hand, the Assessment of teachers is also an important aspect of the education system that ensures teachers are providing high-quality instruction to students. The assessment process can be used to provide feedback and support for professional development, to inform decisions about teacher retention or promotion, or to evaluate teacher effectiveness for accountability purposes.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
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Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
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How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
2. Common law as opposed to statutory
law and administrative/regulatory law
Connotation 1 distinguishes the authority which promulgated a law. For example,
most areas of law in most Anglo-Americanjurisdictions include: "statutory law",
enacted by a legislature; "regulatory law", promulgated by executive
branch agencies pursuant to delegation of rule-making authority by the
legislature; and common law or "case law", i.e., precedent-setting decisions
issued by courts(or by quasi-judicial tribunals within agencies).[14][15] This first
connotation can be further differentiated into:
3. Pure common lawarising from the traditional and inherent
authority of courts to define the law, even in the absence of an
underlying statute. Examples include most pre-20th
Century criminal law and procedural law, plus most
modern contract law and the law of torts.interstitial common
lawconsists of court decisions which analyze, interpret and
determine the fine boundaries and distinctions in the law that is
promulgated by other bodies. This body of common law includes
judicial interpretation of the Constitution, legislative statutes,
and/or agency regulations, and involves the application of law to
the specific facts of a matter.
4. Ontario
Ontario is one of the ten provinces of Canada,
located in east-central Canada. It is Canada's most
populous province by a large margin, accounting for
nearly 40% of all Canadians, and is the second
largest province in total area.
5. Ontario has grown, from its roots in Upper Canada, into a
modern jurisdiction. The old titles of the chief law officers, the
Attorney-General and the Solicitor-General, remain in use.
They both are responsible to the Legislature. The Attorney-
General drafts the laws and is responsible for criminal
prosecutions and the administration of justice, while the
Solicitor-General is responsible for law enforcement and the
police services of the province.
6. The common law requires an abundance of case
law precedent to evolve over time into a fact rich
legal framework for purposes of the law’s
evolution. This is because the common law,
unlike statutory law, is supposed to evolve over
time.
7. Judicial precedents and overruling of them
Judicial precedent means a judgment of a court of law cited as an
authority for deciding a similar set of facts; a case which serves as
authority for the legal principle embodied in its decision. A judicial
precedent is a decision of the court used as a source for future
decision making.The decision or judgement of a judge may fall into
two parts: the ratio decidendi (reason for the decision) and obiter
dictum (something said by the way).
The principles of Binding Precedent apply only when the
facts must be sufficiently similar and the court must be
more senior or on the same level.
8. It is only the ratio decidendi (the legal reasoning or ground for the
judicial decision) which is binding on later courts under the system of
judicial precedent. A higher court can overrule a decision made in an
earlier case by a lower court eg. the Court of Appeal can overrule an
earlier High Court decision. Overruling can occur if the previous court
did not correctly apply the law, or because the later court considers that
the rule of law contained in the previous ratio decidendi is no longer
desirable.
The overruling is retrospectively except as regards matters that
are res judicata or accounts that have been settled in the
meantime.
9. The Apex Court or any superior court cannot allow itself to be
tied down by and become captive of a view which in the light of
the subsequent experience has been found to be patently
erroneous, manifestly unreasonable or to cause hardship or to
result in plain iniquity or public inconvenience. The Court has to
keep the balance between the need of certainty and continuity
and the desirability of growth and development of law. It can
neither by judicial pronouncements allow law to petrify into
fossilised rigidity nor can it allow revolutionary iconoclasm to
sweep away established principles.
On the one hand the need is to ensure that judicial
inventiveness shall not be desiccated or stunted, on the other it
is essential to curb the temptation to lay down new and novel
principles in substitution of well established principles in the
ordinary run of cases and the readiness to canonise the new
principles too quickly before their saintliness has been affirmed
by the passage of time. It may perhaps be laid down as a broad
proposition that a view which has been accepted for a long
period of time should not be disturbed unless the Court can say
positively that it was wrong or unreasonable or that it is
productive of public hardship or inconvenience.
10. The common law evolves to
meet changing social needs and
improved understanding
The common law requires an abundance of case law precedent to
evolve over time into a fact rich legal framework for purposes of the
law’s evolution. This is because the common law, unlike statutory
law, is supposed to evolve over time.
The common law is more malleable than statutory law. First,
common law courts are not absolutely bound by precedent, but can
(when extraordinarily good reason is shown) reinterpret and revise
the law, without legislative intervention, to adapt to new trends in
political, legal and social philosophy. Second, the common law
evolves through a series of gradual steps, that gradually works out
all the details, so that over a decade or more, the law can change
substantially but without a sharp break, thereby reducing disruptive
effects.
11. Sources of UK Law
The four principal sources of UK law are
legislation, common law, European Union law and
the European Convention on Human Rights. There
is no single series of documents that contains the
whole of the law of the UK.
12. Common law
The legal system of
England and Wales is
a common law one,
so the decisions of
the senior appellate
courts become part of
the law.
13. What is it “Quebec”?
Quebec - the first of size and the second of
population Canada’s province. Quebec is the
only province in Canada where the majority
of inhabitants are French Canadians.
Basically it is the descendants of immigrants
who came from France in the 17-18 century.
The immigrants who arrived from Europe in
the 50s of the 20th century was 90% , in
1995, they accounted for only 31.5%.
Immigrants from Asia account for 32% ,from
America's 17% and 15% from Africa.
15. Quebec’s Law System
Concept of the legal system in
Quebec means that all
legislative powers, rights and
liberties, political rights and
privileges constitute a legal
state in Quebec. Coexistence
of Anglo-Saxon (in particular,
the common law), and
Romano-Germanic civil law –
is the feature of the legal
system in Quebec, called
biyuralizm. English contract
"Commentaries on the Laws of
England" is the main
theoretical basis for
understanding the use of
customary law. However, the
Civil Code of Quebec often
refers to the tradition of the
Roman-Germanic legal system
Canada came under British law after the
refusal of the French rights to (1763 ) .
However, throughout the province
continued to be applied equally
landlord tenure system . In 1774, the
British Parliament passed the Act of
Quebec, to restore the old French civil
law for private law and has retained the
English common law for public law ,
including criminal prosecution. As a
result of modern Quebec - one of the
few areas in the world , where two legal
systems coexist .Act of Quebec was
rejected by the English minority ,
believe that British citizens should be
subject of English law . Constitutional
Act of 1791 resolved this dispute by the
formation of Upper Canada west of the
Ottawa River (where operated English
common law) and Lower Canada (along
the St. Lawrence River (where civil law
was retained) .
16. Roman law Roman law, as revealed
through ancient legal
texts, literature, papyri,
wax tablets and
inscriptions, covered
such facets of everyday
Roman life as crime and
punishment.
Law became multi-
faceted and flexible
enough to deal with the
changing circumstances
of the Roman world,
from republican to
imperial politics, local to
national trade, and state
to inter-state politics.
17. Sources of Roman Law
Twelve Tables ;
Statutes (leges);
senatorial decrees ;
decided cases ;
Custom;
edicts from
theEmperor,
magistrates
18. Initial reception of English common law into new colonies,
and adoption of common law on decolonization.
The territorial evolution of the British Empire is considered to have begun with the
foundation of the English colonial empire in the late 16th century. Since then, many
territories around the world have been under the control of the United Kindom or its
predecessor states.
Sir William Blackstone described the process by which English common law
followed English colonization in the way that if an 'uninhabited' or 'infidel' territory
is colonized by Britain, then the English law automatically applies in this territory
from the moment of colonization; however if the colonized territory has a pre-
existing legal system, the native law would apply until formally superseded by the
English law, through Royal Prerogative subjected to the Westminster Parliament.
19. A number of countries ("dominions") within the British Empire gained
independence in stages during the earlier part of the 20th century. Much of
the rest of the Empire was dismantled in the twenty years following the end
of the SecondWorldWar, starting with the independence of India
and Pakistan in 1947.The last significant territory to pass from under British
control was Hong Kong, which was handed over to China in 1997.
20. As colonies gained independence from Britain, in most
cases the newly independent countries adopted English
common law precedent as of the date of independence
as the default law to carry forward into the new nation, to
the extent not explicitly rejected by the newly freed
colony's founding documents or government.
21.
22. In the late 800s, Alfred the Great assembled the Doom book, which
collected the existing laws of Kent, Wessex, and Mercia, and attempted to blend
in the Mosaic code, Christian principles, and Germanic customs dating as far as
the fifth century.
23. In 1154, Henry II became the first Plantagenet king. Henry institutionalized
common law by creating a unified system of law "common" to the country
through incorporating and elevating local custom to the national, ending local
control and peculiarities, eliminating arbitrary remedies and reinstating a jury
system—citizens sworn on oath to investigate reliable criminal accusations and
civil claims.
24. Henry II developed the practice of sending judges from his own central court
to hear the various disputes throughout the country.
In time, a rule, known as stare decisis (also commonly known as precedent)
developed, whereby a judge would be bound to follow the decision of an earlier
judge.
Judge-made common law operated as the primary source of law for several
hundred years, before Parliament acquired legislative powers to create statutory
law.
25. Reception in Canada
The Canadian colonies received the common law
and English statutes under Blackstone's
principles for the establishment of the legal
system of a new colony. In five of the Canadian
provinces, English law was received
automatically, under the principle of a settled
colony inheriting English law. In the other five
provinces and the three territories, reception was
governed by reception statutes. The reception of
English law occurred long before Canada
became fully independent, and reception statutes
in Canada were not part of the decolonisation
26. When Canada achieved formal
independence with the passage of the
Canada Act 1982, no reception
statutes were necessary for the
decolonialisation process. English law
had already been received in the
various Canadian provinces and
territories by legislation and judicial
decisions over the previous two
centuries.
28. Anglo-American common law traces its roots to the
medieval idea that the law as handed down from the
king's courts represented the common custom of the
people. It evolved chiefly from three English Crown
courts of the twelfth and thirteenth centuries: the
Exchequer, the King's Bench, and the Common Pleas.
These courts eventually assumed jurisdiction over
disputes previously decided by local or manorial
courts, such as baronial, admiral's (maritime), guild,
and forest courts, whose jurisdiction was limited to
specific geographic or subject matter areas.
Common-law courts base their decisionson prior judicial
pronouncements rather than on legislativeenactments.Where a
statutegoverns the dispute,judicialinterpretationof that statute
determineshow the law applies.
29. There two courts of trial and two courts
of appeals for criminals proceedings
The courts of trial are
The Magistrates’ Court of Appeal
The House of Lords.
The court of appeal are
The Court of Appeal
The house of Lords
30. The Magistrates’ Court
Virtually all criminal cases start here
Deals with summary offences
Has limited powers of penalty but may
commit a convicted offender to the
crown Court if it is considered that the
powers of the Magistrates’ Court are
insufficient
Approximately 95% of all prosecutions
are dealt with in Magistrates’ Court
The Crown Court
• Is the senior court of trial for criminal
offences
• The courts are establishedat various centres
throughoutthe country
• The courts are presided over by eithera High
Court judge ? Circuit Judge or Recorder who
sits with a jury
32. Common law as a foundation
for commercial economies
The reliance on judicial opinion is a strength of
common law systems, and is a significant
contributor to the robust commercial systems in
the United Kingdom and United States.