This document discusses the key concepts of law and the legal system. It begins by defining law and examining the need for laws in society. It then explores the sources of law, including formal sources like statutes and informal sources like customs. It analyzes the main legal sources - the constitution, customs, judicial precedent, legislation, and European law. It also distinguishes between public and private law. The document concludes by examining the characteristics of English common law, such as the doctrine of precedent and absence of codification.
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Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
The Law-Making Process
Definition And History Of Case Law Essay
Subjects of International Law
Application Of Rule Of Law Essay
Tort Law of Negligence Essay
Product Liability Essay
Contract Law Assignment : Contract Laws
Law School Essay
What Law Means To Me Essay
Business Law Questions and Answers
The Rule of Law Essay
The Language Of The Law Essay
The Importance Of International Law
Common Law And The Statute Law Essay
Different Aspects Of Law Essay
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
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 ...
Nature of law and administration of justice by Dr. Rajashree J. Jawalesundarsasane
This topic deals with definition and concept of law , kinds and sources of law and Administration of Justice under Jurisprudence. This topic is useful for law students and for general public to understand the basic concepts ,
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
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 ...
Nature of law and administration of justice by Dr. Rajashree J. Jawalesundarsasane
This topic deals with definition and concept of law , kinds and sources of law and Administration of Justice under Jurisprudence. This topic is useful for law students and for general public to understand the basic concepts ,
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
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The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
1. Dr. Sandra O’Meally, JP
Law and the sources of law
Dr. Sandra O’Meally, JP
Wednesday, January, 25, 2023
2. LAW
Thomas Jefferson:
"The study of the law qualifies a man to be useful to
himself, to his neighbors, and to the public.”
“Long is the night to him who is awake; long is a mile
to him who is tired; long is life to the foolish who do
not know the true law.” ...
“'The only true law is that which leads to freedom,' ...
“It is not desirable to cultivate a respect for the law,
so much as for the right.”
3. Law and the Sources of Law
The Meaning of Law
“The law is a set of rules, enforceable by the courts,
which regulate the government of the state and govern
the relationship between the state and its citizens and
between one citizen and another.” (Keenan & Richie)
“Law is a body of principles recognized and applied by
the State in the administration of justice” (Salmond,
J.W.)
The laws of a country are the governing body of rules
used by the country through its law enforcing
mechanisms; to impose penalties and other sanctions
against laws being broken.
4. The Meaning of Law
Rules are divided into three categories:
1.Rules used to implement and categorize
penalties to forbid certain types of behaviour.
2. Rules that require others to be compensated
by individuals who cause harm.
3. Rules that deal with some human activities
such as right to marry, to form a company, or
to make a will.
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5. The Need For Law
Laws are required in society to regulate
and stabilize behaviour of individuals, and
this corresponds with what is acceptable
with the majority principles of society.
Laws protect our general safety, and
ensure our rights as citizens against abuses
by other people, by organizations, and by
the government itself. We have laws to
help provide for our general safety.
Laws are rules that bind all people living in
a community.
4/13/2023
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6. The Need for Law
Laws about food safety.
Speed limits and traffic laws exist so that
we drive in a safe manner.
Licensing for doctors and nurses ensures
proper training of the people who look
after us, and who often have our lives in
their hands.
7. Evolvement of Law
Law is an evolutionary systemic process
involving the experiences of a vast number
of people.
Law evolves out of repeated customs and
norms.
The body of law is not static but constantly
changes and develops as societies grow
These changes reflect the values, social
beliefs, norms and standards in a society
based on the various eras.
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8. Evolvement of Law
A society develops a system of laws to enshrine
its values, concepts of justice and even its'
morals. A system of laws (i.e. a legal system) is
established to serve the vital function of
providing societal order and a mechanism for
the individuals within that society for
interacting with each other in the multitude of
situations that arise.
In addition, a legal system is set up to provide
remedies for wrongs inflicted on individual
members of society and to deal with those who
disturb that public order via criminal and/or
injurious conduct.
9. Evolvement of Law
Laws grow and develop with the growth and
development of society. New developments in society
create new problems and law is required to deal with
those problems
Parliament enacts and repeals laws based on the
need of society or to control activities outside the
norm
Reign behaviour
Monitor cultural or economic shifts
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10. Classification of Law
Private law (Civil Law) allows individuals to
bring an action against another to settle a
form of civil dispute. It is concerned with the
rights and duties of individuals towards each
other.
Public Law (Criminal Law) seeks to remedy
society’s control by bringing an action by the
public prosecutor for the State against
another or it can also be instigated by a
private citizen. ( In Jamaica the public
prosecutor is referred to as the DPP –Director
of Public Prosecution and the present holder
of office is Paula Llewellyn)
4/13/2
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11. Classification of Law
Civil / Private Law - govern disputes
between individuals in such areas as:
Law of Torts
Contract Law
Property/Real Estate Law
Administrative law
Company Law
Commercial Law
Employment Law
Family law
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12. Classification of Law
Criminal law is the body of law that relates
to crime. It prescribes conduct perceived as
threatening, harmful, or otherwise
endangering to the property, health, safety,
and moral welfare of people inclusive of
one's self.
Criminal Law (Public Law - laws covering
offences against the State such as theft,
rape, murder, treason.
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13. Classification of Law
Criminal law, as distinguished from civil law,
is a system of laws concerned with
punishment of individuals who commit
crimes. It defines criminal offenses,
regulates the apprehension, charging, and
trial of suspected persons, and fixes
penalties for wrongful acts .
Most criminal laws are established by
statues.
4/13/2023
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14. Classification of Law
A statute is a formal written enactment of a
legislative authority that governs the legal entities
of a city, state, or country by way of consent.
Typically, statutes command or prohibit
something, or declare a policy.
Statutes are rules made by legislative bodies; they
are distinguished from case law or precedent,
which is decided by courts, and regulations issued
by government agencies.
4/13/2023
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15. Distinction between Law and
Morality
Committing a murder has an effect on both
law and morality (concerning right/wrong or
good/bad behaviour), therefore, in many cases
law and morality have some relation and do
coincide.
However, sometimes the concepts do not
interrelate, for example; homosexual
behaviour between consenting adults is not
illegal within some societies but it is viewed as
an immoral behaviour; resulting in a breach of
moral law.
If it is illegal within a particular society it will
be an offence punishable by the law.
4/13/2023
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16. Sources of Law
The term sources of law is used in various
ways. It may also be considered as a
classification of law.
The sources of law deal with the means by
which the law is brought into existence.
English Law was developed centuries ago
based on the social, political and economic
life deriving from customs, moral, religious
beliefs, and business practices. These
customs, norms and standards aid in setting
the legal mechanism to control behaviour of
our society, provide safety and freedom of
citizens.
4/13/2023
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17. Sources of Law
DERIVATIVES OF SOURCES OF LAW:
1. FORMAL SOURCES: Authority giving effect to the rule of law
for example: the state or sovereign
2. LITERARY SOURCES: This is where the law is physically
found
3. HISTORICAL SOURCES: This is founded on the concepts
develop under Common law and
Equity
Examples: Customs, religious beliefs, public policies, natural
justice
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18. The Main Sources of Law
LEGAL SOURCES:
This is the force and authority for enforcement
- 1. Constitution
- 2. Custom
- 3. Judicial Precedent
- 4. Legislation
- 5. European Law
4/13/2023
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19. The Main Sources of Law
1. Constitution
A constitution is the rule book for a country/state that
sets out the fundamental principles by which the state
is governed.
It describes the main institutions of the state, and
defines the relationship between these institutions
(for example, between the executive, legislature and
judiciary).
The Constitution which was drafted in August, 1962
and premier law of Jamaican is the highest, supreme
20. The Main Sources of Law
2. Custom
During the middle ages in Europe, custom, laws were
created by using established and specific custom.
Although custom is referred to as one of the legal source of
law, the level of importance placed on it in mediaeval
times is not so today.
Case: Hutton v Warren 1836
The parties were landlord and tenants in farming
contractual relations. The Landlord gave notice to the
tenant to quit. There were disputes in relation to the
tenant’s obligation to continue working and cultivating the
land until notice expired in regards to allowances for work
done and the seed supplied.
The courts made a decision based on local custom which had
been incorporated into the contract.
4/13/2023
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21. The Main Sources of Law
Other usage of customs are settled based on proving that
the custom has:
1. Been in existence since time immemorial and the
records must indicate that there is no interruption of
such usage.
2. Been enjoyed openly as of a right. That is there was no
force, no permission given for such use and the right
was not enjoyed secretly.
3. been reasonable, certainty and consistency with other
custom usage within a particular locality.
Read other cases below on Custom:
1. Simpson v Wells (1872)
2. Mercer v Denne (1905)
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22. The Main Sources of Law
3. Judicial Precedent
Judicial precedents are judge-made laws derived
from case laws but is based on consistency. This
is a legacy of the courts of common law and
equity
A precedent is a principle or rule established in a
previous legal case that is either binding on or
persuasive without going to courts for a court or
other tribunal when deciding subsequent cases
with similar issues or facts.
The operation of Judicial precedent is that once a
principle has been established by a higher court it
becomes a binding precedent.
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23. The Main Sources of Law
Under the doctrine of Stare Decisis (Latin for “let
the decision stand”) courts in our Common Law
system are obliged to follow the decisions and
rulings in previously decided cases, or
precedents, where the facts and issues are
substantially the same.
Parliament normally adheres to certain
conventions which limit or guide its freedom. It
tries to enact laws for more beneficial
advantages; and tries to compensate rather than
deprive citizens.
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24. The Main Sources of Law
4. Legislation
These are laws made by parliament or law
making powers delegated by Parliament.
The powers of Parliament is to repeal statutes or
to make law as the needs arises.
The function of Parliament is not just to make
new laws and alter existing ones but also to
make existing laws clearer for understanding.
The courts are bound to apply legislation,
however, the disadvantage is how the judges
interpret the statutes.
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25. The Main Sources of Law
5. European Union
European Union impacts the European Community.
The European law was implemented by the Treaty
of Rome 1957. The three European communities
are:
1. The European Coal and Steel Community
(ECSC)1957
2. The European Economic Community
(EEC) 1957
3. The European Atomic Energy Community
(EURATOM) 1957
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26. The Main Sources of Law
European Law is very fundamental as the
European communities implement laws from
the various member states that are beneficial
to meet the needs of the group.
The European Communities Act 1972 enacts
that UK Parliament will be effective via
application of the Communities, which signifies
that a provision of the EC will affect a member
state directly (the member state does not
require any further legislation).
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27. The Main Sources of Law
The Constitution is laws setting out the general
framework and structure for the government of
Jamaica to operate; and enacting benefits and
rights of individuals in the country.
The Constitution is the superior law of the land.
Section 2 of the Constitution, 1962 stipulates that
any law in the land which is void to the extent of
the inconsistency negates and the Constitution
will prevail. The Constitution is considered the
most important or supreme source of law.
Collymore v AG (1967) 12 WIR 5 “ No one, not even Parliament, can
disobey the Constitution with impunity.”
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28. THE CHARACTERISTICS OF ENGLISH LAW
CONTINUITY The continuity of a legal system
generally means that the law and the
relationships established thereby continue in
force despite other significant changes, such as
the demise of a system of government and the
advent of a new state.
COMMON LAW Common law is law that is derived
from judicial decisions instead of from statutes.
Common law, also known as judicial precedent,
judge-made law, or case law, is the body of law
created by judges and tribunals. AND
EQUITY refers to a particular set of remedies and
associated procedures involved with civil law.
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29. THE CHARACTERISTICS OF ENGLISH LAW
JUDICIAL DECISIONS - Judicial precedent or
decisions is a process which is followed by the
judges to take the decision. In Judicial precedent,
the decision is taken by following the similar
cases happened in the past. So judicial decision is
based on the principle of stare decisis i.e. “stand
by the decision already made”.
TRIAL BY JURY - The jury evaluates the evidence,
applies the appropriate law (guided by the
judges) to the facts, and thereby arrives at a
decision.
DOCTRINE OF SUPREMACY – no one is above the
law.
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30. THE CHARACTERISTICS OF ENGLISH LAW
ABSENCE OF CODIFICATION - codification is the process
of collecting and restating the law of a jurisdiction in
certain areas, usually by subject, forming a legal code,
i.e. a codex (book) of law. Codification brings greater
certainty of law in a legal system. Uncodified laws are
those that originate from court decisions (common
law) and general customs and practices.
THE APPLICATION OF PRECEDENT, Precedent refers to a
court decision that is considered as authority for
deciding subsequent cases involving identical or similar
facts, or similar legal issues. Precedent is incorporated
into the doctrine of stare decisis and requires courts to
apply the law in the same manner to cases with the
same facts. read pages 14-15 from recommended text.
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31. DQ 1 Assignment
Question 1
(a) Discuss the four legal sources of law. Stating the advantages and
disadvantages of each.
(b) Give the implications of each legal sources of law on the Jamaican
legal system.
(c) Explain the main characteristics of the common law legal system
and relate these features to the Jamaican Legal system.
(d) “Although the features of delegated legislation is considered to be
undesirable, it is absolutely necessary for the effective governance of
modern societies.” Discuss.
(e) The Constitution is a written source of law and is considered
to be of optimum supremacy; however, what is the role of
legislation and its power in terms of bridging that supremacy.
Due day: February 8, 2023
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32. Reading Assignment
Abbott, K.R., & Pendlebury, N. & Wardman,
K.: Business Law, 8th Edition, 2007,
Thomson Learning, London.
Chapters 3 – 4
Chapter 6 – The origins of the Common Law, pg
40; The Origins of Equity, The Court
of Chancery and Common Law and
Equity pages 43-46
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