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Common Law And The Legal System
To begin, common law originated in Medieval England in the time of King Henry II. The practice developed sending circuit judges from the King's
central court to travel throughout England to hear the various disputes. The aim of these courts (assizes) was to add consistency and fairness to the
legal system. Alongside the traveling courts King Henry also established the jury system. Over time these judges recorded the information of each
case they heard as well as the decisions and punishments that were ordered. This is known as case law or common law. This began a justice system that
relied on the principle of stare decisis or "to stand by the decision". This principle developed into the rule of precedent which was used to apply
previous decision to a case with similar circumstance. This system was used throughout the country and thus was known as common law. As the
English began colonizing Canada they brought their legal systems with them which greatly influenced today's legal system. All provinces and
territories in Canada follow the common law legal tradition and adhere to the doctrine of stare decisis. In Canada law is made of two primary
sources case law and legislation. Case law is made up of written decisions which have been made by judges in court cases and tribunals.Lower courts
in Canada are bound by the higher courts decisions. For instance, all Ontario courts are bound by the decisions of the Ontario Court of Appeal.
However, courts are only bound by the
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The Law : The Common Law
In the grand scheme of all the laws, there are many laws that are not legislated. These are the judge made law, law that has been evolving out of the
common core of legal standards and beliefs for hundreds of years. The common law is the law that comes out of the judicial decisions that help clarify
the ambiguity that often times arises out of the legislated law. The common law does a great deal of work because it helps shape and mold the
legislation and allows the statutory ambiguity to be more reflective of the current state of the nation and of the body of the law itself.
"Historically, [the common law] is made quite differently from the Continental code. The code precedes judgments; the common law follows them.
The code articulates in chapters, sections, and paragraphs the rules in accordance with which judgments are given. The common law on the other
hand is inarticulate until it is expressed in a judgment. Where the code governs, it is the judge 's duty to ascertain the law from the words which the
code uses. Where the common law governs, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom
and later judges followed his decision. They did not do so by construing the words of his judgment. They looked for the reason which had made him
decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the principle of the case, not the words, which went into the
common law. So historically the
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The Reasoning Of Common Law
THE REASONING OF COMMON LAW
The English Law is based on Common Law also known as Case Law,it arises when new decisions are made by Judges in Courts. Common Law
tends to be instructive in nature, in case of Common Law,a Judge refers to a similar cases in the past and makes a decision after following other
Judge's reasonings and the principles applied on previous cases;In some instances a judgment passed by the Judge becomes the new law provided there
are no existing statutes applicable;On the other hand,you can also have interstitial Common Law where the Judge interpret the existing law and
determines distinctions and boundaries. Precedent is the key factor in Common Law. The English Common Law originated in the middle ages. So,
Common law relies on judgment passed by Judges in earlier cases and/or at higher courts. A Common Law system gives a significant importance to
Judges and their judgments.
Stare Decisis is the system of Judicial Precedent in English Law,it means "to stand by matters that have been decided". Judges look at past
decisions,see what has been decided when they make a decision in a case. Judges have to follow these previous decisions,this is called "binding
precedent".
Ratio Decidendi is the most important part of judgment,it means the Judge's reason for making the decision. This part of the judgment creates a
"binding precedent".
As Sir Rupert Cross explained in his book Precedent in English law in 1977:
The ratio decidendi of a case is any rule
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The Role Of Law In The Common Law
Introduction
The essentials originally required to form a valid contract consist of an offer, a subsequent acceptance and consideration. However, since the nineteenth
century, another requirement concerning the existence of an intention to create legal relations was added . It is important to note that the common law
does not include this as a requirement and therefore it has caused controversy in the legal sphere with many inauspicious comments being raised
regarding its necessity.
This essay explains intention to create legal relations as a requirement and how it is applied by examining how it has been applied with reference to
relevant case law. In this context this essay will further present the two opposing views regarding the ... Show more content on Helpwriting.net ...
Domestic and social agreements
Sometimes the nature of an agreement clearly determines that there was no intention to be legally bound. In the case of domestic agreements, there is a
general presumption that the parties do not intend to be legally bound, though this can be rebutted.
There are two distinguishing cases under this category that show both sides of this principle.
The case of Balfour v Balfour (1919) presents a scenario in which the general presumption is upheld. In this case a husband promised to pay his wife a
monthly maintenance allowance of ВЈ30 while he was away. Later, the couple decided to separate and the husband refused to pay the allowance. It is
important here to accentuate the fact that the husband and wife were in good relations at the time the husband made the promise. The Court of Appeal
determined that there was no intention to create legal relations and consequently there was no valid contract as Atkin LJ stated that it was a 'family
matter'.
The case of Merritt v Merritt (1969) ensures that this presumption is not set in stone and can in fact be rebutted. In this case a husband promised his
wife that he would transfer their house to her sole ownership after she paid the mortgage off. After the wife paid off the mortgage, the husband refused
to transfer the house to her. This case differs from the previous one as the couple in this case was separated at the time they had made this
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John Locke's The Tragedy Of The Commons
Common pool resources denotes natural resources used by many individuals in common, such as fisheries, groundwater basins, and irrigation systems.
Such resources have long been subject to overexploitation and misuse by individuals acting in their own best interests.
The state of our environment and the environmental problems that have evolved are considerably different today to when John Locke wrote his
influential essay 'Two treatises on Government' (1680–1690). Humans are the freest, least genetically constrained species found. According to Locke's
natural right theory, the state of nature is the original condition of human beings in regard to any common authority. Men were born free and equal:
free to do what they wished without being required ... Show more content on Helpwriting.net ...
With this Locke is of the opinion that properties do not have much value as a divine ordainment rather he is of the view that labour adds the deserving
value to the property which is regarded as the principle of the first appropriation. The way we think about environmental concerns or when we deal
with the question of the common use of resources, the phrase 'The Tragedy of the Common's almost inevitably props up. Our thinking is heavily
influenced by Garrett Hardin's pivotal 1968 essay with the same name "The Tragedy of the Commons". In his essay, Hardin described the fate of a
common pasture, unowned and available to all. The tragedy of the commons lies in the anticipation that a resource will be overused when it is part of
a "commons." As Hardin explained, in such a situation it is in each herder's self–interest to maximize his use of the commons at the expense of the
community at large. Each herder captures all of the benefit from adding one more animal to his herd. Yet the costs of overgrazing the pasture are
distributed among every user of the pasture. And when all of the herders respond to these incentives, the pasture is overgrazed – hence the tragedy. The
tragedy is that people don't look at the bigger picture; the over use of
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Common Good Argument
Galston (2013) claims that idea of the common good "has real content in theory and real utility in practice", throughout his essay on the common good,
he provides sufficient evidence to back his main claim and he uses it to refute the arguments of others. He defines three key aspects of the common
good to support his claim of the common good having "real content in theory", these include: 'Inherently social goods', 'Social linkages' and 'The good of
the commons'. Galston (2013) then proceeds to give evidence on the concept of bargaining and the U.S. Constitution; he uses these examples to support
his claim that the common good has "real utility in practice". I believe Galston understands the academic conversation around the common good quite
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One example he gives based on inherently social goods is humor, "telling a joke to oneself is virtually impossible, because humor requires surprise",
as a result, this allows us to make the inference that there are certain aspects of life that require the company of others and without it, the good
(humor in this case) would be lost. Galston (2013) states that 'The good of the commons' is when how people behave in shared social spaces impacts
others (p.11). "If we carelessly leave an unextinguished fire in a camp–ground, the entire facility may go up in flames." (p.11), this shows how the
common good includes everyone's best interests and this example in fact shows that it does have "real content in theory" as it is quite easy to imagine
the scenarios he has presented, occurring in real
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The Tragedy Of The Commons
Within the article "The Tragedy of the Commons," ecologist Garrett Hardin asserts that eventually all resources used in common will encounter
overexploitation or degradation as these difficult to enclose systems incentivize individuals to pursue their own self–interest while simultaneously
behaving contrary to the common good of all users (Anukwonke, 2015, p. 3). Affirming that the absence of both state regulation as well as
privatization inescapably encourages individuals to act selfishly so as to maximize personal gains, Hardin claims that when there is no ownership
over a specific resource than there is a tendency to overexploit it as no one is responsible for ensuring that the vitality of that resource remains intact
(Marlow, n.d., p. 3). With an individual inclination to overuse or pollute a resource as it precipitates economic advantages for the individual, Hardin
emphasizes that when a resource can be used by anyone yet is owned by no one than it not only generates private benefits but it also distributes the
costs among all those who are sharing it (Hintz, & Moore, & Robbins, 2014, p. 55). Sacrificing the good of everyone involved by refraining from
using a resource sustainably, Hardin underscores that when individuals are motivated by personal advantage rather than what is favourable to
everyone, then they inevitably end up destroying the very resource upon which they all depend (Bargum, & Kokko, & Rankin, 2007, p. 643). While
Hardin concentrated extensively on the
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Common Cold Research Paper
Almost everyone has endured a cold at some point in their lives often resulting in a combination of a stuffed up nose, a runny nose, a scratchy and sore
throat, or coughing. Similarly, many of us have also caught the flu, or the influenza virus. Some of the symptoms are identical to the common cold –
runny or stuffy nose, cough, sore throat, but the flu often generates more severe symptoms, such as headaches, fever, tiredness, vomiting, and
diarrhea. Both of these illnesses deplete energy and leave people feeling lousy. So, recovering from these sicknesses as soon as possible is a common
goal. Some people believe in the adage, "feed a cold and starve a fever." So, should you in fact eat a lot of food when you have a cold and starve
yourself to quickly recuperate from the flu? Before answering this question, let's learn a little about these illnesses.... Show more content on
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One reason why colds are so common is because there are more than 200 different viruses that produce cold–like symptoms. Children, on average,
catch these viruses more often than adults. Adults typically catch one to three colds per year, while children are likely to have two to six colds a
year. An estimated 20 million school days per year are lost due to a cold. Perhaps you were part of that statistic. Sure, it can be fun to stay home on a
school day, but it isn't very exciting when you have to stay in
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History of Common Law
HISTORY OF COMMON LAW| STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of
Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales ("the laws of England and Wales" from 1967). These laws mainly
deal with issues of property, theft, inheritance, money... The legal system of England and Wales is the basis of most legal systems in the
Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law It refers to the notion of a
religious system or document being used as a legal source. * Civil law It derives from Roman law traditions. It's also known as Continental European
law. Laws recognized as authoritative are... Show more content on Helpwriting.net ...
According to historians, English law is the offspring (daughter) of Frankish law (= early text in French + private law + technical terms) *
Domesday Book = a great land survey commissioned by William I to assess (value) the extent of the land and resources being owned in England,
and the extent of the taxes he could raise. This book also relates the importance of a uniform legal system among people within the territory. Local
courts came under the administration of Norman rules. * Laws of Henry I or "Leges Henrici Primi" (≈ 1115) = a legal treatise in England. It
lists and explains the laws (how to conduct legal proceedings). Laws were actually issued by earlier monarchs that were still in force in Henry's
reign. It covers a diverse range of subjects: ecclesiastical cases; treason; murder; theft; feud; amounts of judicial fines... * Ranulf de Glanvill >
reputed author of a book on English law. It was with his assistance that Henry II completed his famous judicial reforms. HENRY II (1154–89):
Separation of the power of church * Changes implemented: Henry II began to send judges from central court (Supreme Court) into local courts in
order to limit the jury's movements at Westminster (kings are dependent of the goodwill of law to maintain power). Henry wanted to diminish the
power of the church, so he
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The Tragedy of the Commons: By Garrett Hardin
A common resource refers to a natural or man–made property that is characterized by high rivalry in consumption, meaning an increase in the amount
of resource consumed by one person reduces that for others to consume, and non–excludability, meaning the resource is freely accessible to a large
group of people. These factors make a common resource susceptible to its overuse and damage in the long run, especially without a controlled
management and protection of the resource.
In his writing, Hardin introduces the phenomenon of the commons problem, known as the Tragedy of the Commons, which arises from the way humans
use the natural resources on earth and the long–term effects of their growing exploitation of the "commons". Hardin gives a hypothetical example of
the grazing rights in a village. Each herdsman will try to maximize his gain by continually adding one more animal to his herd, which eventually
leads to overgrazing. This is an inevitable decision of any rational person, who knows that he will gain the full benefit from his use of the resource
whereas the cost of the use is divided among all users. According to Hardin, this instinctive desire to pursue one's own best interest over the collective
benefits of the entire population causes destruction of the resources and "brings ruins" to a society that exercises freedom of common resources .
In order to prevent further overexploitation of the resources, Hardin argues that the system of freedom of the commons must be
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Common Law And Civil Law
There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common
law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries
have predominate codified statutes. An important factor to international business is the legal system. The market attractiveness of a country can be
affected by differences in legal systems. Business practices are regulated by the country's law. Policies are defined as well the rights and obligations in
business transactions. The legal framework for business to be conducted is defined by the country's government. There will be variances in laws
country to country. Sound business decisions can be made by acquiring knowledge about common laws and civil laws of different countries. Contract
and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a
greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not
enforced local authorities. Although most of these countries have laws established to the protect property rights of investors. There are two ways in
which property rights can be violated. Violations can occur Private action through private action or by public action. Piracy, theft, and blackmail are all
categorized
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The Federal Common Law Interpretation
Many of the sources agree that tribal governments should have assumed or inherent adjudicatory power over non–members on tribal land. Indeed, most
sources repeat the same arguments with different justifications. There is a major focus on the history of tribal sovereignty and which is important to in
how it impacts the impending decision in Dollar General v. Mississippi Band of Choctaw. Several sources focus on Native American tribe's status, as
domestic dependent nations are a major part of how the federal government continues to shrink tribal jurisdiction over non–members on tribal land.
Furthermore, many scholars are questioning the definition of "domestic dependent nation" the unique and often confusing legal situation of the Native
American tribes. This status leaves states in a similar situation as states but with a shrinking amount of limited sovereignty. Some claim this is the
federal common law interpretation's failure and that a constitutional approach is necessary to solve the problems with tribal jurisdiction. These
arguments hope that clarity and defined parameters of jurisdiction will establish a new concrete definition of tribal jurisdiction. Other sources just
propose to continue to follow the common law understanding of tribal jurisdiction with an understanding that tribes have inherent authority. Although
this recognizes the sovereignty of tribes it falls to recognize the failure of federal common law to come to a consensus on the parameters of this power.
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Tragedy Of Commons
Garrett Hardin's, The Tragedy of the Commons discusses the exploitation of common resources and the inability to solve the problem with technical
solutions. Hardin focuses on population and the effect it has and will continue to have on what he refers to as the commons. The exploitation of natural
resources or the tragedy of the commons, as he puts it, refers to all resources that are not formally regulated. Such resources include rivers, parks, the
atmosphere, energy and so on. Robert Wade and James Acheson take different approaches in how the use ofcommon property can help address the
tragedy of the commons. Hardin's primary focus is on the negative effects of a continuous population growth and the welfare state's inevitable need to
support population growth. He often describes the optimum population being when growth rate approaches zero. This, he points out, might lead us to
believe that any population with an increasing growth rate must be below its optimum however it is mostly the case that the ... Show more content on
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The two types of fishing areas play a role in the amount of mixed fishing that is allowed. The more mixed an area is, the less chance of
overstepping local boundaries. Nucleated fishing areas have a stronger sense of ownership, close to the harbor and weaker as one moves in deeper.
I didn't know about the existence of harbor gangs and how violent fishing can become. Acceptance into a harbor game apparently isn't too difficult
and mostly open to locals and those willing to follow the local standards. Perimeter defended areas have sharper boundaries that usually align with
the location of their residence. Regardless of where the owner chooses to anchor his boat, the area is his. Mixed fishing is less common here and the
membership of harbor gangs here is typically limited to families with land close to
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The Conception Of The Common Good
The Common Good, as defined by John Rawls, is "certain general conditions that are...equally to everyone's advantage" (Valesquez, 1992, 1). On the
other hand, Catholicism has defined the common good as "the sum of those conditions of social life which allow social groups and their individual
members relatively thorough and ready access to their own fulfillment" (Valesquez, 1992, 1). The notion of thecommon good originated over thousand
years ago in the writings of Plato, Aristotle, and Cicero. Although it would seem to a societies advantage to establish and maintain a system centralizing
around the common good, this is not without someone degree of great difficulty. As explained in the article, The Common Good, for a system based off
the concept ... Show more content on Helpwriting.net ...
"While all may agree, for example, that an affordable health system, a healthy educational system, and a clean environment are all parts of the
common good, some will say that more should be invested in health than in education, while others will favor directing resources to the environment
over both health and education," (Valesquez, 1992, 3). Continuing, by forcing everyone to agree upon a specific notion of the common good, it
would be violating the freedom of those who not share that goal, which would lead to paternalism (imposing one group's preference on others),
tyranny, and oppression Although, the concept of the common good seems very beneficial to the whole of a society, it would be nearly impossible
to implement the policy for the whole of a society, however, it is possible to have some components of a society based off the common good, such as
laws that benefit everyone or welfare programs that everyone has access to in their time of
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Common Law Reasoning
Common law reasoning and institutions Study Pack
page 11
6
'The Judicial Practice of Precedent' Adam Gearey
Staff and students of the University of London External Laws Programme are reminded that copyright subsists in this extract and the work from
which it was taken. This copy has been made under a licence from the Copyright Licensing Agency of the UK (www.cla.co.uk). Any digital or printed
copy supplied to or made by you under the terms of this licence is for use in connection with this course of study. You may retain such copies after the
end of the course, but strictly for your own personal use. This reading was written for the Common Law Reasoning and Institutions study pack by Adam
Gearey. Copyright © 2007 University of London. ... Show more content on Helpwriting.net ...
The most thorough account of judicial practice would then have to go on to study the education and training of judges, and their embedding within a
particular culture or cultures of legal behaviour. What are the consequences of this argument? If practices are essentially ways of acting in given
circumstances, any general theory may be too distant from the practice to capture how judges actually interpret cases. Judicial interpretation is
always a matter of a specific case and a singular set of facts. To understand why a judge in a particular case comes to a particular conclusion
necessitates a study of a precise legal context. In other words, a general account of precedent perhaps tells us more about the practice of academic
writing than it does about the work of judges. It may be that the best way to understand the practice of judicial interpretation is to abandon any general
account, and to see how it proceeds in different doctrinal areas of law. This would indicate that the best way to understand the practice of precedent is
to study cases within their specific contexts†.
вЂ
Precedence and judicial creativity
However, given that we need a general account of precedent, we can suggest some overarching concerns that structure judicial practice. The historical
beginnings of the present doctrine of precedent obscure the extent to which judicial practice is creative. Judges make law, as Lord Browne–Wilkinson
said in Kleinwort Benson v Lincoln City
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Common Law Dbq
Common law rights were guaranteed by the Magna Carta or Great Charter, which were affirmed in 1215 by King John. One did not have to be born
into privilege to have common law rights, however, those who were had even more rights. There were times that the king and parliament disagreed as
the "king claimed larger areas of power, leading to a bitter conflict between them." according to Benedict (p. 1).
The term "common law" means "...government protection against the encroachments of the rich and powerful," according to Benedict (p. 2). Common
law was not England's only legal system. There were many other courts in England, however, people of England and America believed they had certain
unalienable rights.
One main factor of common law rights was the right to a fair trial. Through common law, the people were assured there would be an impartial judge
and/or jury. Without such, the laws would be unfair and no one would receive a fair trial. This was proven in some of the cases before the courts,
however, Sir Edward Coke remedied that situation so there was case law for the attorneys and judges to follow.
In one case, Sir Edward Coke, as mentioned in Benedict (pg. 3), stated that he took up cases where there was considerable controversy. Sir Edward
Coke "...overturned a penalty levied by the College of Physicians of London against a ... Show more content on Helpwriting.net ...
As many as "80% were indentured servants," according to the PowerPoint presentation. The landowners needed more help to grow crops and take care
of their properties. Thus, more and more slaves were brought in to help the landowners. Furthermore, the slaves had no legal rights afforded to them
and, once they were property of their master, the status of slave was constant and
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Common Cold Research Paper
When you are feeling under the weather, it is easy to panic and head off to the doctor. Unfortunately, most doctors cannot do anything about the
common cold. However, if you have something more severe, then a trip to the doctor is advised.
The problem with a common cold, though, is that it might turn into something more severe. So how do you know when it's a simple cold versus
something more dangerous or life–threatening? Here are four signs:
1. You Have aFever
A common cold usually does not cause a fever. If you do experience a fever, especially a high fever of 102–degrees or more, it is likely you are dealing
with something other than the common cold. A fever may represent an infection, such as a sinus infection, or something more serious. So if you
experience a high fever, definitely head to a medical clinic. ... Show more content on Helpwriting.net ...
You Feel Better, But Get Worse
Sometimes people will feel the onset of a cold, only to find that it goes away. However, if it comes back quickly and you feel even worse, it may be a
sign of something more serious. Super bugs and infections often leave you feeling bad, better, and then worse. This cycle of sickness occurs because
the body fights the initial virus or infection, but then the virus or infection gets stronger, and you wind up feeling crummy again. If you experience
this, head to a medical clinic immediately. You may need antibiotics to fight the infection.
3. You Have Debilitating Headaches
A headache is a common symptom of a cold. However, the headache will usually be mild and will not interfere with daily tasks. If you experience a
headache, so severe that it is debilitating and you cannot do function or concentrate, head to the doctor immediately. The severe headache may be
caused by meningitis, or something else.
You should also visit a medical clinic if you are experiencing a headache that is not lessened by over–the–counter pain relievers. This may also be a
sign of something serious that needs attention.
4. You Have a Chronic
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Abstract. The Common Cold And Influenza Are Two Common
Abstract
The common cold and Influenza are two common illnesses of the upper respiratory tract. These illness can often be mistaken for each other due to the
overlapping symptoms. The two symptoms that seem to present when the flu is occurring are a fever with a cough. Prevention is also similar for both
of the illnesses with the exception of an actual vaccine that can be administered annually for flu prevention. Diagnosis can occur in the physicians
office according to the individuals symptoms that are presenting or by completing an rapid flu test. Treatments are also similar for both thecommon cold
and the flu because they are both caused by viruses, therefore a patient would not benefit from antibiotic therapy. With educating the... Show more
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The symptoms of an upper respiratory tract infection can be caused by several other viruses and bacteria. It is important to seek proper medical
treatment to receive the correct diagnosis, which will prevent severe illness and from spreading to other people.
The Common Cold. An acute viral infection of the upper respiratory tract is often spread by hand contact from an infected person. This may be from
direct, indirect, or aerosol of the secretions and the virus (Allan and Arroll, pg 190). The common cold is often less severe than the flu but has similar
symptoms. The cold typically is a shorter mild illness with symptoms gradually occurring. It is known to start with sneezing, sore throat, possible chills,
and headache. As the cold enhances the patient may present with nasal drainage or congestion and cough. A cold is preventable with physical
interventions, probiotics, and exercise. Physical interventions are extremely important in preventing illness and preventing the illness from spreading.
These interventions can include hand washing, using alcohol based solutions, gloves, masks, and gowns (Allan and Arroll, pg 192). The most common
treatments for the common cold include antihistamines, decongestants, antitussives, and acetaminophen. "One study of guaifenesin found no benefit;
in another, 75% of participants reported that guaifenesin was helpful for their cough, compared with 31% given placebo (Allan
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Common Law And Equity Laws
Common Law and Equity
Introduction
During the 12th and 13th century, under the common law system of England survey undertaken on tradition, custom and law in the area was originally
developed as court decisions. England, the common law and equity laws are developed after the creation of the common law; the analysis based on
justice launched and is now used in the royal courts. This gives us the story of the day capital in 1066 as the winner attacked in England and
concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires, counties and
hundreds, and laws and customs cases. The foundations of the common law have known in public as customary law.
In this assignment, ... Show more content on Helpwriting.net ...
This procedure, called Equity, develops from the sixteenth century and is characterized by the creation of special courts to make judgments royal and
the development and writing of an important precedent.
Both systems, Common Law and Equity, will live together until 1875 when the distinction will be abolished. The main consequence is the existence,
even today, two major legal systems: the English system of common law and equity in use in the United States and Commonwealth countries and the
continental system based on the Napoleonic Code in other European countries and in all their colonies.
Common Law and the development of measures
For years, these two structures common law and the functioning of the equity side and front were. In 1615, in each case, it was determined that we
should do in case of dispute. Over time, even after years of antipathy between the two systems was continued for centuries. In 1865, after the
restoration of the system of English law, it was decided in the case of divergence between the common law and equity, justice must prevail. Form, the
Supreme Court, the laws of justice (1873–1975) established principles for managing a hybrid legal system of courts and courts of equity of the
common law and equity. Accordingly, the Court is now not only the court or the court of equity, which is now a court with universal jurisdiction.
Pettit (2012) discusses some licenses can be generated by a trust
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Garrett Hardin's The Tragedy Of The Commons
Garrett Hardin's article, "Tragedy of the Commons", discusses the idea of the exploitation of public resources, or the "commons". This results in the
resources becoming unusable, due to the overuse by the public (Hardin). The 1972 TV Movie, The Lorax, tells the story of a fictional forest being
being exploited, resulting in the loss of the public resource due to waste, pollution, and deforestation (Seuss). While the literal story of The Lorax is
fictional, Tragedy of the Commons is constantly occurring to public resources. One of the many areas where Tragedy of the Commons is currently
being demonstrated is in the overfishing of the red snapper in the Gulf of Mexico (Binns). Although The Lorax is a children's story, the theme of the
Tragedy of The Commons is applicable in society, appearing in the red snapper overfishing today, and both The Lorax and the red snapper population
are examples of human/outside interference causing a large impact on an animal ... Show more content on Helpwriting.net ...
The Lorax, from Seuss' The Lorax, is a fantastical creature who attempts to warn the Once–ler of his destruction of the commons, from which many
creatures peacefully benefit, to feed his industrial empire (Seuss). Although the story of The Lorax is not a literal recounting of a historical event,
such as the current problem dealing with the red snapper, The Lorax is still an example of Tragedy of the Commons, and a lesson can be drawn from
it's narrative. Due to the deforestation carried out to feed the Once–ler's capitalistic empire (Seuss), one is able to see the real–life application of The
Lorax. In Hardin's article, "Tragedy of the Commons", he describes the effects of housing more cows than the maximum capacity in a public grazing
field. As a result, the field becomes bare and unsustainable to
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The Law And Common Law
INTRODUCTION
In the field of using another person or and organisations land under the bind of a contractual agreement is normally in place to clearly state and
establish each parties rights and obligations to each other and indeed to the property. Common law has a role to place in relation to these tenancies
whether they be residential or commercial as far as trying to protect tenants and newer legislations are always geared towards protecting the rights of
tenants, this is very important considering the current backdrop and trend towards renting property in the United Kingdom as opposed to
homeownership. Common law does not have the same reputation in relation to advocating tenants' rights and are best there is still a great uncertainty ...
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4–The fourth kind of license and the most important in relation to the unique factors that a court in Northern Ireland will take into consideration in
distinguishing between a lease and a license is a contractual licence. A contractual licence which is more relevant in this case is in effect permission
to use or occupy land or property, this type of licence derives from an implied contract. The licensee does not have a legal estate however, A license
normally infers occupational rights similar to that a hotel owner has over a guest, due to the level of control that the hotel owner exercises over their
property the guest will not have an exclusive possession of the room they occupy and are seen ultimately as lodgers or a licensee.
While there are the four different forms of licence it is vital to note that it is a very basic different between all four which has been recognised law
for a long time. If we view a licence in a historical context we see it has long been established that is does not grant exclusive possession. "Property
passeth no interest nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful" Vaughan, Thomas
v Sorrell ([1673] EWHC (KB) J85)
Those in possession of a license at most have exclusive occupation and do not have the statutory protection of tenure under the (Rent Act 1977) which
a lease holder enjoys. It must be noted that a licence holder will have a
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A Covenant Of The Common Law Rule
Critically, a release takes effect immediately. Id. As a consequence, a release immediately discharges any obligation within its scope. Id. Accordingly,
because a release has the effect of immediately discharging an obligation, the release is tendered at the time the release is given. Therefore, a release
cannot be breached because complete performance is rendered at the moment release is effectuated. In some instances––again, generally in the context
of joint tortfeasors––the common law rule that a release had the effect of discharging an obligation rather than an obligor was perceived to apply too
harshly when an obligee gave a release with an obvious intent to only discharge one but not all obligors. Shriver, supra, 155 Md. at ... Show more
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Contrary to a release, a covenant not to sue did not have the effect of discharging an obligation, but rather it was a promise made by the obligee to
refrain from enforcing the obligation. This distinction permitted a plaintiff to reach a settlement with one joint tortfeasor without discharging the
obligation with respect to the remaining obligors. This concept is reflected in the Restatement (Second) of Contracts, which defines a contract not
to sue as "a contract under which the obligee of a duty promises never to sue the obligor or a third person to enforce the duty or not to do so for a
limited time." Restatement (Second) of Contracts В§ 285. The material distinction between a release and a covenant not to sue is that a release is an
immediate discharge, and performance is complete at the time the release is effectuated. A covenant not to sue, on the other hand, is a promise for the
maker to undertake some future performance. Stated differently, "[d]ischarge by release . . . has long been regarded as an executed transaction rather
than an executory promise" whereas "a covenant not to sue . . . was treated as an executory promise." Restatement (Second) of Contracts В§ 295 cmt.
a. For this reason, a lawsuit on claims
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The Tragedy Of The Commons By Garrett Hardin
Over the decades, researchers from many disciplines have been known to analyse an assortment of academic writings including academic journals. The
article, The Tragedy of the Commons, written by Garrett Hardin is a critique that modestly describes the magnitude of overpopulation. Hardin based
the Tragedy of the Commons on a pamphlet entitled, Two Lectures on the Checks to Population, written in 1833 by English mathematician William
Forster Lloyd. The author Garrett Hardin was an influential ecologist, genetically trained biologist and philosopher. Hardin has been noted as the
leading advocate over the last three decades of the 20th century for the necessity of controlling the growth of world population and reducing
immigration into the United States (Lynn, 2003, para. 1). A major focus of Hardin career was the issue of humanoverpopulation, which led to him
writing numerous pieces on controversial subjects such as advocating abortion rights, eugenics and strict limits to ... Show more content on
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Hardin addresses the issue of pollution stating that "the rational man finds that his share of the cost of the wastes he discharges into the commons is
less than the cost of purifying his wastes before releasing them" (Hardin, 1968, p. 1245). Thus, the rational man finds that it is more economical to
discharge his waste into the commons. Hardin's states that an increase in the population is vastly threatening our environment due to its direct relation
to increased pollution. Therefore, to avoid pollution, it must be easier and lower in cost to treat the pollutants, than to get rid of them untreated. As the
numbers of people increase, there will inevitably be rising levels of pollution, degeneration of the quality of agricultural land, deforestation, and
deterioration of air and water quality. To prevent this deterioration, Hardin believes our first aim should be to arrest the growth of world
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The Common Law System Of England
ntroduction
During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey
originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on
development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there
is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the
common law have known in public as customary law. In this assignment, author will describe the development of the UK system of common Law and
Equity. Arguments about judge's role in the development of legal principles will be made.
The Common Law
During the conquest in 1066, William applied old legal customs in generalizing to the entire kingdom. It was the origin of the Common Law; the
essential characteristic was that it was rooted deeply in Roman law to be based on the customs and practices from medieval traditions. These customs
are still mainly oral; procedures are carried out by royal courts who judge case leaving significant room for interpretation. Gradually, the common law
is insufficient and ineffective for a number of disputes.
The Equity
Individuals appeal directly to the king, arguing the fairness of their problems. This procedure, called Equity, developed from the
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Importance Of Common Stock By John Locke
When dealing with a common stock within a society, one would assume that taking from the commons would leave other people worse off than they
were before. However, this is not the case according to John Locke. In the beginning of Locke's Second Treatise on Civil Government (1690), he
acknowledges that all men are "equal and independent, no one ought to harm another in his life liberty or possessions" (В§ 6). This raises the question
of whether taking from the commons harms another person's interest or not. According to Locke, the common stock is everything that "God, as King
David says (Psalm 115:16), 'has given the earth to the children of men'" (В§ 25). Locke argues that taking from the commons would not affect the other
people in society negatively, but it would instead enhance the value of the commons themselves. Locke utilizes the abundancy of the commons and the
theory that applying one's labor to an object taken from the commons raises the value of the common stock.
The First Objection to the Thesis Locke's first argument is that the commons are so abundant that there is no need to worry about depleting resources.
While discussing appropriation in the commons, Locke infers that "no man's labour could subdue or appropriate all, nor could his enjoyment consume
more than a small part" (В§ 36). One man alone could not subdue all the objects in the commons, but what does this mean when everyone is
appropriating? This raises an issue as resources in a society are never
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Common Law: Reynolds And Esparraga
Every society makes and enforces laws the govern the conduct of the individuals, business, and other organizations that function within it. Without law
we cannot live, only with–it can we cover the future which by right it is ours. All five–cited work relate to the explanation is based on the similarities
of the Common Law foundation. Reynolds and Esparraga equally focus on the history of common law and how the United States lawmaker was the
encouraged by other counties. The law of the country is primarily based on English commons law, other legal systems, such Spanish and French civil
law, also influenced it. The law of United States and been in place for years, since the founding of this country and the adoption of the English common
law,
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Analyzing Hershey's 'Tragedy Of The Commons'
Robert Hoyt 9/14/14
D' Alessandro 2 Tragedy of the Commons
ABSTRACT
This experiment was used to explore how finite resources can be used and exploited when they are shared throughout a group because of personal
greed. The "Tragedy of the Commons" is the situation where individuals shared a resource with others, but use the resource for their personal gain,
disregarding the impact it could have on the rest of the group and the fact that it is a finite resource. During the experiment, in Part I, I observed that at
one point we were going to run out of Hershey's ... Show more content on Helpwriting.net ...
In Part II, I got different results because as a group we did not exploit the resources in either of the ponds
In Part I, I took as many fish as I could, but in Part II, as a group we took only as much as we needed to survive
If you cooperated that meant that everyone survived and the pond would not run out of fish.
In both the common and private pond I took only two fish so that the population of the pond would reach carrying capacity for the start of each round.
Common usage can lead to exploitation because one of the members of the group could get greedy and exploit the pond for everybody.
The ideal way to manage the common pond would be so that each party would only take what they need so that the population of the pond could
replenish for each round.
If I didn't know the students in my group I wouldn't want to communicate as much.
To avoid the "tragedy of the commons" there should be limits on how much of a resource people can use over a certain time so that it doesn't get
exploited.
If a new student joined my group we would not have been able to divide the fish up evenly to everyone and that student might not have wanted to be
as conservative as the rest of the people in my
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Common Law And Civil Law
At the global level international law is of great importance and the legal systems such as common law, civil law, customary law, and theocratic law
exist in different countries across the world. There are about 196 sovereign states in the United Nations Organization and each of the states follows a
legal system created by them or by an agreement in the form of regional treaties and other accords.
Common law: A common law system according to Samii (2011, p. 112) is based on tradition, judge madeprecedent and usage. In common law, the
past ruling, legal legislation and the explanation of the statutes is set as precedents for the courts and apply the established practice to a same set of
facts. The law developed through the judgment instead of executive or legislative statutes to a legal system that rely on constituting a precedent case
law (Chand, n, d). Any time when the disputing parties disagree on what the rule is, Common law refers g any past precedential decisions. The major
difference between common law and civil law system is the doctrine of the precedent in which court applies the rulings of previous cases in the
circumstances the facts are the most similar. The judge ruling becomes law that is followed by future judges and this is referred as judge made law,
or common law. The legacy followed by Common law is Anglo–American that is widespread in Canada, the U.S, England, Australia, and New Zealand.
Civil law: According to Samii (2011, p. 112), Civil law is based
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Common Law Summary And Analysis
Common Law claims are mostly determined by tort laws. Employees wishing to sue their employer for workplace privacy may rely on privacy tort
theories. Privacy tort is separated into four branches of action: 1) Intrusion upon seclusion or solitude, or into private affairs, 2) public disclosure of
embarrassing private facts, 3) publicity which places a person in a false light in the public eye and 4) appropriation of name or likeness. Intrusion of
privacy tort is often used in many court cases between employers and employees in the workplace ( Fazekas,2015).
In the case of Stengart v. Loving Care Agency, Marina Stengart used her company computer to send personal emails to her lawyer. Her emails were
exchanged through her personal email account
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Judge Law And Common Law System
IIII– Judge in civil law and common law system
1–Judges' position in civil law system
In civil law system, the judge has different role in courtroom for running cases. In civil law systems, civil cases are actually run by the judge, with
subordinate involvement by the parties advocates, indicates of this conception of the judge 's role is that traditionally it was thought to be up to him
to decide the issues in dispute, and finally formulate the judgment according to the law and the proof, in such a system, the lawyers ' activities may be
characterized as residual, they may create suggestions concerning the evidence, as well as propose either issues to be examined or questions. Judge has
more powers from the beginning of the case until the final decision.
Moreover, a judge in civil law system does not silent during the trial, judge participates in the case by making question for parties. Judges in civil
law systems act as inquisitor, interpreter of code language, and finder of fact, in many examples sitting on juries themselves, judges in civil law
system, they depend less on precedent than on commentary by legal scholars. In Civil law states, judges are bound to codes. Thus, judge has different
role in courtroom, for running trial, for asking questions, for collecting evidence, and deciding on cases. For example, Judge in Iraqi civil legal. Judge
in Iraqi legal system has different role than common law system. The judges is investigative on cases , then the
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Business Common Law
HNC BUSINESS COMMON LAW 1 ASSIGNMENT 1 Darina Byrne Explain why it is important to have an intention to create legal relations when
making a contract and why is consideration of the parties to the agreement necessary–: Intention to create legal relations can be defined as follows. 'An
agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business
agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.' Source (HNC unit 5 Business law course book) In
determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social...
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Executed In the case of unilateral contracts, where the offeror promises something in return for the offerees doing something, the promice only
becomes enforceable when the offeree has actually preformed the required act. Past consideration –not valid This category does not actually count as
consideration–with past consideration the action is preformed before the promise that it is supposed to be consideration for such action is not sufficient
to support a later promise.(ref–: McArdle 1951) Rules relating to consideration Consideration must not be past. Performance must be legal.
Performance must be possible. Consideration must move from the promise.(Tweddle v Atkinson(1861)) Consideration must be sufficient but need
not be adequate. The court will not intervene to require equality in the value exchanged as long as the agreement has been freely entered into.(
Chappell + Co v Nestle co(1959)) In Pinnels case 1602 it was stated that payment of a lesser sum cannot be any consideration for the whole amount
owed. This opinion was approved in (Foakes v beer (1884)). However the following will operate to discharge an outstanding debt fully–: Payment in
kind. Payment at a different place. Payment of a lesser sum by a third party. A composition arrangement between creditors that they will accept part
payment of their debts. Source (course notes). Explain why it is important that a contracting parties
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The Tragedy Of The Commons
The Tragedy of the Commons American Earth: Environmental Writing Since Thoreau is a diverse yet interconnected collection of essays by renowned
environmentalist authors who have been influential in literature, religion, science, and politics. Each piece has a specific purpose and role that it plays
in conveying ideas and themes. Many authors share their personal opinions on issues such as the world's declining forests, the extinction of species,
such as birds in Gene Stratton–Porter's "The Last Passenger Pigeon" (192), and their intimate experiences with nature, such as Julia Butterfly Hill's
"The legacy of Luna" (907). However, the most influential essay in this book is "The Tragedy of the Commons" by Garrett Hardin (438). A multitude
of pieces in this book tie into the tragedy of the commons and support its ideas in one way or another.
In his essay Hardin discusses how the rapid decline of the world's common places, such as natural animal pastures, are the result of rapid, uncontrolled
human population growth. Hardin suggests that environmental problems such as deforestation, crowding out of native species, loss of resources,
pollution, poor job economy, etc., are the result of the loss of common spaces. He indicated that common spaces used to be plentiful enough for every
person to have an abundant share, but that was when the human population was smaller than the current population of 7 billion people. Hardin's
powerful essay proposes many solutions and methods
... Get more on HelpWriting.net ...
Common Law
1– Define
Common law, derived from English law and found in England, the United States, Canada, and other countries once under English influence;
Civil or code law, derived from Roman law and found in Germany, Japan, France, and in non–Islamic and non–Marxist countries;
Islamic law, derived from the interpretation of the Koran and found in Pakistan, Iran, Saudi Arabia, and other Islamic states;
A commercial legal system in the Marxist–socialist economies of Russia & the republics of the former Soviet Union, Eastern Europe, China, and other
Marxist–socialist states whose legal system centered on the economic, political, and social policies of the state.
Arbitration
A procedure used as an alternative to "litigation" in which parties in ... Show more content on Helpwriting.net ...
In general, a U.S. citizen is subject to the laws of the U. S. as well as to those of any foreign country in which he lives or works.
In the case of a conflict, & unless the government of the citizen takes up the citizen's case in an international court, jurisdiction is generally determined
(1) on the basis of jurisdictional clauses included in the contract,
(2) on the basis of where a contract was entered into, or
(3) on the basis of where the provisions of the contract were performed.
The jurisdictional clause is the most clear–cut & is usually honored.
3– Discuss the state of international commercial law.
Commercial law, varies in meaning between common law (where commercial disputes are subject either to civil or commercial law) & code law
(where a codified inclusive commercial law exists).
Consequently, there is no such thing as an "international" commercial law,
In general, the marketer must deal with national commercial laws & must vary his operations from country to country with regard to its individual laws.
Progress toward unification is being taken with greatest success in the EEC countries, which eventually aim toward a unified
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The English Common Law System
The English common law system is obliged to comply with the rights and obligations under the Human Rights Act Convention. Even though they are
not bound by it has been advised by the House of Lords to harmonise or comply with the Conventions, on a equivalent basis which is "no more, but
certainly no less". The Convention does not guarantee damages for violations that have occurred between private parties, it only protects them against
the public authorities, thus only binding states. Generally the HRA awards damages for rights violated under the Convention which are minimal when
compared to the compensation awarded under English tort law. Enabling courts to sustain their reluctance to harmonise with the Convention 's rights.
This essay... Show more content on Helpwriting.net ...
Therefore the s. 6 under the HRA Convention maintains an indirect horizontal effect rather than a horizontal one. It was presumed that a uniform
approach to be upheld by the UK courts, but this approach was only in theory that HRA would be somehow incorporated into the domestic law and
where necessary could be 'reformed by a judiciary," and in practice the opposite had occurred.
Prior to 1998, under the common law right to privacy did not reinforce a failure to compensate individuals for breach of their privacy. After the HRA
came into force, the first critical case was faced by the English courts in the case of Catherine Zeta–Jones ' case concluded there was a breach of
confidence.The reason that lay behind this harmonisation was that protection for individual privacy was the equivalent of protecting individual
autonomy established by the omissions principle. In this area of law, the courts have provided a remedy at a domestic level by incorporating s.7 of the
HRA.
It is quite contradictory that the common law now mirrors the Conventions rights with regards to breach of confidence, but takes a more conservative
approach whilst dealing with a more crucial matter in relating to article 2. Where without a right to life a secondary right to privacy is null. In most
civil law jurisdictions there is no line of distinction drawn between private individuals and public authorities when it comes to imposing a liability for
negligence. However the UK case law
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Common Law And Equity Law
COMMON LAW AND EQUITY
Introduction
During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey
originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on
development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there
is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the
common law have known in public as customary law. In this assignment, me the author will describe the development of the UK system of common
Law and Equity. Arguments about judge's role in the development of legal principles will be made.
The Common Law
During the conquest in 1066, William applied old legal customs in generalizing to the entire kingdom. It was the origin of the Common Law; the
essential characteristic was that it was rooted deeply in Roman law to be based on the customs and practices from medieval traditions. These customs
are still mainly oral; procedures are carried out by royal courts who judge case leaving significant room for interpretation. Gradually, the common law
is insufficient and ineffective for a number of disputes.
The Equity
Individuals appeal directly to the king, arguing the fairness of their problems. This procedure, called
... Get more on HelpWriting.net ...
Common Cold Recovery
The runny nose, the painfully scratchy throat, and clammy body are all common symptoms of the common cold, a sickness that almost everyone
has experienced in their lifetime. A cough heard in the cold weather is "normal" and even expected, but what if one never had to deal with problems
like these again? Or if they did only have them with a fraction of the severity and a much quicker recovery time? By following three simple and very
effective steps, one can recover more quickly from a cold and possibly avoid catching one altogether. Some of the best ways include following certain,
specific hygienic protocols, eating the proper, nutrient–rich foods, and most importantly of all, resting. First, we all must remember to be clean, which
includes washing one's hands regularly. By washing hands regularly using warm water, soap, and a little elbow grease, one can easily prevent days of
sickness, save dozens of tissues from being used, and even spare the person using... Show more content on Helpwriting.net ...
Our bodies are outstandingly complex and capable of doing extraordinary things. Many of these things happen while we sleep, such as the encoding
long term memories. The repair of tissues and damaged cells also takes place while a human is resting. The common cold is a viral infection, and once it
fights its way into our bodies, begins the task of injecting its own DNA into our cells, not only reproducing and growing, but changing the original
nucleotide sequence of a cell into something new and deadly. Our bodies then attack these viral cells with the white blood cells, causing our bodies to
kill these infectious invaders. Sleeping allows the body to repair the tissues that are damaged due to this process leading to a quicker recovery. Resting
and staying home while exhibiting symptoms also helps prevent the disease from spreading around to hundreds of other
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Civil Law And Common Law System
II–The source of law in civil law and common law system A– Sources of law in civil law system The Civil law is different from Common law systems
in many areas. Source of law is one of the important part from each legal system in the world. Source of law is the fundamental different between
both of them. In civil law the prime source or basis of the law is legislation, and big areas are codified in a systematic manner, these codes shape a
very distinctive feature of a Romanist legal system, or the so–called civil law, although in the form of statutes duly enacted by the proper legislative
procedure, the courts should apply the law, statutes and codes. In civil–law systems, by opposite, codes and statutes are created to cover all
eventualities and judges have a more restricted role of applying the law to the case in hand, past judgments are no more than loose guides. The
legislation helps judges to end issues when come to the court. Moreover, in the civil law system, it has the different documents to keep codes. Civil
code is a book which includes the laws that regulate the relationships between people, it includes the following topics: persons and the family, things
and ownership, successions and donations, matrimonial property regimes, obligations and contracts, civil responsibility, sale, lease, and special
contracts, as well as liberate prescription (statute of limitations) and acquisitive prescription (adverse possession). A code is general
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The Common Cold
The common cold has been plaguing humankind since the beginning of human existence. Even in these advanced times, there is no vaccine or cure.
There are many symptoms that accompany the common cold. Some of these infamous symptoms are a runny nose, caused by inflammation of the
nasal tissues, resulting in over production of mucus to trap the virus, and coughing. there are two different kinds or types of coughs that are common
with colds. The first, is the less common dry hacking cough, these kinds are more likely to keep you up at night and just plainly annoy you than do any
thing else. The other more common type of cough is the kind whose purpose is to expel mucus and or phlegm. These help to combat the cold by
helping to expel the mucus ... Show more content on Helpwriting.net ...
This same article said that kissing doesn't necessarily spread the cold virus (1–2). Laurie Tarkan says that the main way that the cold virus is spread is
through touching of the nose and mouth, like the Mayo
Clinic Letter. She also stated that the reason that colds seam to flourish in the winter is that people tend to group together in schools and in homes,
therefor spreading the virus throughout the population. Also more people tend to fly durring the winter. In order to keep the cabin pressurized, the
airplane circulates the air, and that means that if one person has a cold and coughs then the whole plane will have a great chance to become infected.
Also at higher altitudes, the air seriously dries out the nasal membrane in the nose and therefore make a person more susceptible to the virus. Because
of this, experts like Laurie Tarkan suggest to drink allot of water while flying in an airplane, about eight ounces for every hour that you are on the
airplane (202, The Common Cold
2). There is only one possible way to stay totally healthy during the winter. That is to be locked in a room underground and not see anyone until the
cold season is over. Fortunately there are a few guidelines that you can follow to help your chances of staying well this winter. One is to wash your
hands often, not compulsively but often, and also try to stay away from people who have really bad colds. If someone in your house or workplace gets
or has a cold,
... Get more on HelpWriting.net ...
The Tragedy Of The Commons Essay
The Tragedy of the Commons American Earth: Environmental Writing Since Thoreau is a diverse yet interconnected collection of essays by renowned
environmentalist authors who have been influential in literature, religion, science, and politics. Each piece has a specific purpose and role that it plays
in conveying ideas and themes. Many authors share their personal opinions on issues such as the world's declining forests, the extinction of species, as
well their intimate experiences with nature. However, the most influential essay in this book is "The Tragedy of the Commons" by Garrett Hardin (438).
A multitude of pieces in this book tie into the tragedy of the commons and support its ideas in one way or another.
In his essay Hardin discusses how the rapid decline of the world's common places, such as natural animal pastures, are the result of rapid, uncontrolled
human population growth. Hardin suggests that environmental problems such as deforestation, crowding out of native species, loss of resources,
pollution, poor job economy, etc., are the result of the loss of common spaces. He indicated that common spaces used to be plentiful enough for every
person to have an abundant share, but that was when the human population was smaller than the current population of 7 billion people. Hardin's
powerful essay proposes many solutions and methods for solving the ever increasing tragedy of the commons.
"Ruin is the destination towards which all men rush, each pursuing his
... Get more on HelpWriting.net ...

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Common Law And The Legal System

  • 1. Common Law And The Legal System To begin, common law originated in Medieval England in the time of King Henry II. The practice developed sending circuit judges from the King's central court to travel throughout England to hear the various disputes. The aim of these courts (assizes) was to add consistency and fairness to the legal system. Alongside the traveling courts King Henry also established the jury system. Over time these judges recorded the information of each case they heard as well as the decisions and punishments that were ordered. This is known as case law or common law. This began a justice system that relied on the principle of stare decisis or "to stand by the decision". This principle developed into the rule of precedent which was used to apply previous decision to a case with similar circumstance. This system was used throughout the country and thus was known as common law. As the English began colonizing Canada they brought their legal systems with them which greatly influenced today's legal system. All provinces and territories in Canada follow the common law legal tradition and adhere to the doctrine of stare decisis. In Canada law is made of two primary sources case law and legislation. Case law is made up of written decisions which have been made by judges in court cases and tribunals.Lower courts in Canada are bound by the higher courts decisions. For instance, all Ontario courts are bound by the decisions of the Ontario Court of Appeal. However, courts are only bound by the ... Get more on HelpWriting.net ...
  • 2. The Law : The Common Law In the grand scheme of all the laws, there are many laws that are not legislated. These are the judge made law, law that has been evolving out of the common core of legal standards and beliefs for hundreds of years. The common law is the law that comes out of the judicial decisions that help clarify the ambiguity that often times arises out of the legislated law. The common law does a great deal of work because it helps shape and mold the legislation and allows the statutory ambiguity to be more reflective of the current state of the nation and of the body of the law itself. "Historically, [the common law] is made quite differently from the Continental code. The code precedes judgments; the common law follows them. The code articulates in chapters, sections, and paragraphs the rules in accordance with which judgments are given. The common law on the other hand is inarticulate until it is expressed in a judgment. Where the code governs, it is the judge 's duty to ascertain the law from the words which the code uses. Where the common law governs, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom and later judges followed his decision. They did not do so by construing the words of his judgment. They looked for the reason which had made him decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the principle of the case, not the words, which went into the common law. So historically the ... Get more on HelpWriting.net ...
  • 3. The Reasoning Of Common Law THE REASONING OF COMMON LAW The English Law is based on Common Law also known as Case Law,it arises when new decisions are made by Judges in Courts. Common Law tends to be instructive in nature, in case of Common Law,a Judge refers to a similar cases in the past and makes a decision after following other Judge's reasonings and the principles applied on previous cases;In some instances a judgment passed by the Judge becomes the new law provided there are no existing statutes applicable;On the other hand,you can also have interstitial Common Law where the Judge interpret the existing law and determines distinctions and boundaries. Precedent is the key factor in Common Law. The English Common Law originated in the middle ages. So, Common law relies on judgment passed by Judges in earlier cases and/or at higher courts. A Common Law system gives a significant importance to Judges and their judgments. Stare Decisis is the system of Judicial Precedent in English Law,it means "to stand by matters that have been decided". Judges look at past decisions,see what has been decided when they make a decision in a case. Judges have to follow these previous decisions,this is called "binding precedent". Ratio Decidendi is the most important part of judgment,it means the Judge's reason for making the decision. This part of the judgment creates a "binding precedent". As Sir Rupert Cross explained in his book Precedent in English law in 1977: The ratio decidendi of a case is any rule ... Get more on HelpWriting.net ...
  • 4. The Role Of Law In The Common Law Introduction The essentials originally required to form a valid contract consist of an offer, a subsequent acceptance and consideration. However, since the nineteenth century, another requirement concerning the existence of an intention to create legal relations was added . It is important to note that the common law does not include this as a requirement and therefore it has caused controversy in the legal sphere with many inauspicious comments being raised regarding its necessity. This essay explains intention to create legal relations as a requirement and how it is applied by examining how it has been applied with reference to relevant case law. In this context this essay will further present the two opposing views regarding the ... Show more content on Helpwriting.net ... Domestic and social agreements Sometimes the nature of an agreement clearly determines that there was no intention to be legally bound. In the case of domestic agreements, there is a general presumption that the parties do not intend to be legally bound, though this can be rebutted. There are two distinguishing cases under this category that show both sides of this principle. The case of Balfour v Balfour (1919) presents a scenario in which the general presumption is upheld. In this case a husband promised to pay his wife a monthly maintenance allowance of ВЈ30 while he was away. Later, the couple decided to separate and the husband refused to pay the allowance. It is important here to accentuate the fact that the husband and wife were in good relations at the time the husband made the promise. The Court of Appeal determined that there was no intention to create legal relations and consequently there was no valid contract as Atkin LJ stated that it was a 'family matter'. The case of Merritt v Merritt (1969) ensures that this presumption is not set in stone and can in fact be rebutted. In this case a husband promised his wife that he would transfer their house to her sole ownership after she paid the mortgage off. After the wife paid off the mortgage, the husband refused to transfer the house to her. This case differs from the previous one as the couple in this case was separated at the time they had made this
  • 5. ... Get more on HelpWriting.net ...
  • 6. John Locke's The Tragedy Of The Commons Common pool resources denotes natural resources used by many individuals in common, such as fisheries, groundwater basins, and irrigation systems. Such resources have long been subject to overexploitation and misuse by individuals acting in their own best interests. The state of our environment and the environmental problems that have evolved are considerably different today to when John Locke wrote his influential essay 'Two treatises on Government' (1680–1690). Humans are the freest, least genetically constrained species found. According to Locke's natural right theory, the state of nature is the original condition of human beings in regard to any common authority. Men were born free and equal: free to do what they wished without being required ... Show more content on Helpwriting.net ... With this Locke is of the opinion that properties do not have much value as a divine ordainment rather he is of the view that labour adds the deserving value to the property which is regarded as the principle of the first appropriation. The way we think about environmental concerns or when we deal with the question of the common use of resources, the phrase 'The Tragedy of the Common's almost inevitably props up. Our thinking is heavily influenced by Garrett Hardin's pivotal 1968 essay with the same name "The Tragedy of the Commons". In his essay, Hardin described the fate of a common pasture, unowned and available to all. The tragedy of the commons lies in the anticipation that a resource will be overused when it is part of a "commons." As Hardin explained, in such a situation it is in each herder's self–interest to maximize his use of the commons at the expense of the community at large. Each herder captures all of the benefit from adding one more animal to his herd. Yet the costs of overgrazing the pasture are distributed among every user of the pasture. And when all of the herders respond to these incentives, the pasture is overgrazed – hence the tragedy. The tragedy is that people don't look at the bigger picture; the over use of ... Get more on HelpWriting.net ...
  • 7. Common Good Argument Galston (2013) claims that idea of the common good "has real content in theory and real utility in practice", throughout his essay on the common good, he provides sufficient evidence to back his main claim and he uses it to refute the arguments of others. He defines three key aspects of the common good to support his claim of the common good having "real content in theory", these include: 'Inherently social goods', 'Social linkages' and 'The good of the commons'. Galston (2013) then proceeds to give evidence on the concept of bargaining and the U.S. Constitution; he uses these examples to support his claim that the common good has "real utility in practice". I believe Galston understands the academic conversation around the common good quite ... Show more content on Helpwriting.net ... One example he gives based on inherently social goods is humor, "telling a joke to oneself is virtually impossible, because humor requires surprise", as a result, this allows us to make the inference that there are certain aspects of life that require the company of others and without it, the good (humor in this case) would be lost. Galston (2013) states that 'The good of the commons' is when how people behave in shared social spaces impacts others (p.11). "If we carelessly leave an unextinguished fire in a camp–ground, the entire facility may go up in flames." (p.11), this shows how the common good includes everyone's best interests and this example in fact shows that it does have "real content in theory" as it is quite easy to imagine the scenarios he has presented, occurring in real ... Get more on HelpWriting.net ...
  • 8. The Tragedy Of The Commons Within the article "The Tragedy of the Commons," ecologist Garrett Hardin asserts that eventually all resources used in common will encounter overexploitation or degradation as these difficult to enclose systems incentivize individuals to pursue their own self–interest while simultaneously behaving contrary to the common good of all users (Anukwonke, 2015, p. 3). Affirming that the absence of both state regulation as well as privatization inescapably encourages individuals to act selfishly so as to maximize personal gains, Hardin claims that when there is no ownership over a specific resource than there is a tendency to overexploit it as no one is responsible for ensuring that the vitality of that resource remains intact (Marlow, n.d., p. 3). With an individual inclination to overuse or pollute a resource as it precipitates economic advantages for the individual, Hardin emphasizes that when a resource can be used by anyone yet is owned by no one than it not only generates private benefits but it also distributes the costs among all those who are sharing it (Hintz, & Moore, & Robbins, 2014, p. 55). Sacrificing the good of everyone involved by refraining from using a resource sustainably, Hardin underscores that when individuals are motivated by personal advantage rather than what is favourable to everyone, then they inevitably end up destroying the very resource upon which they all depend (Bargum, & Kokko, & Rankin, 2007, p. 643). While Hardin concentrated extensively on the ... Get more on HelpWriting.net ...
  • 9. Common Cold Research Paper Almost everyone has endured a cold at some point in their lives often resulting in a combination of a stuffed up nose, a runny nose, a scratchy and sore throat, or coughing. Similarly, many of us have also caught the flu, or the influenza virus. Some of the symptoms are identical to the common cold – runny or stuffy nose, cough, sore throat, but the flu often generates more severe symptoms, such as headaches, fever, tiredness, vomiting, and diarrhea. Both of these illnesses deplete energy and leave people feeling lousy. So, recovering from these sicknesses as soon as possible is a common goal. Some people believe in the adage, "feed a cold and starve a fever." So, should you in fact eat a lot of food when you have a cold and starve yourself to quickly recuperate from the flu? Before answering this question, let's learn a little about these illnesses.... Show more content on Helpwriting.net ... One reason why colds are so common is because there are more than 200 different viruses that produce cold–like symptoms. Children, on average, catch these viruses more often than adults. Adults typically catch one to three colds per year, while children are likely to have two to six colds a year. An estimated 20 million school days per year are lost due to a cold. Perhaps you were part of that statistic. Sure, it can be fun to stay home on a school day, but it isn't very exciting when you have to stay in ... Get more on HelpWriting.net ...
  • 10. History of Common Law HISTORY OF COMMON LAW| STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales ("the laws of England and Wales" from 1967). These laws mainly deal with issues of property, theft, inheritance, money... The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law It refers to the notion of a religious system or document being used as a legal source. * Civil law It derives from Roman law traditions. It's also known as Continental European law. Laws recognized as authoritative are... Show more content on Helpwriting.net ... According to historians, English law is the offspring (daughter) of Frankish law (= early text in French + private law + technical terms) * Domesday Book = a great land survey commissioned by William I to assess (value) the extent of the land and resources being owned in England, and the extent of the taxes he could raise. This book also relates the importance of a uniform legal system among people within the territory. Local courts came under the administration of Norman rules. * Laws of Henry I or "Leges Henrici Primi" (≈ 1115) = a legal treatise in England. It lists and explains the laws (how to conduct legal proceedings). Laws were actually issued by earlier monarchs that were still in force in Henry's reign. It covers a diverse range of subjects: ecclesiastical cases; treason; murder; theft; feud; amounts of judicial fines... * Ranulf de Glanvill > reputed author of a book on English law. It was with his assistance that Henry II completed his famous judicial reforms. HENRY II (1154–89): Separation of the power of church * Changes implemented: Henry II began to send judges from central court (Supreme Court) into local courts in order to limit the jury's movements at Westminster (kings are dependent of the goodwill of law to maintain power). Henry wanted to diminish the power of the church, so he ... Get more on HelpWriting.net ...
  • 11. The Tragedy of the Commons: By Garrett Hardin A common resource refers to a natural or man–made property that is characterized by high rivalry in consumption, meaning an increase in the amount of resource consumed by one person reduces that for others to consume, and non–excludability, meaning the resource is freely accessible to a large group of people. These factors make a common resource susceptible to its overuse and damage in the long run, especially without a controlled management and protection of the resource. In his writing, Hardin introduces the phenomenon of the commons problem, known as the Tragedy of the Commons, which arises from the way humans use the natural resources on earth and the long–term effects of their growing exploitation of the "commons". Hardin gives a hypothetical example of the grazing rights in a village. Each herdsman will try to maximize his gain by continually adding one more animal to his herd, which eventually leads to overgrazing. This is an inevitable decision of any rational person, who knows that he will gain the full benefit from his use of the resource whereas the cost of the use is divided among all users. According to Hardin, this instinctive desire to pursue one's own best interest over the collective benefits of the entire population causes destruction of the resources and "brings ruins" to a society that exercises freedom of common resources . In order to prevent further overexploitation of the resources, Hardin argues that the system of freedom of the commons must be ... Get more on HelpWriting.net ...
  • 12. Common Law And Civil Law There are two main categories of the legal systems which is common law and civil law. There are around 80 countries which recognize the common law system. The civil law system applies to about 150 countries. The primary importance in a common law country is case law. Civil law countries have predominate codified statutes. An important factor to international business is the legal system. The market attractiveness of a country can be affected by differences in legal systems. Business practices are regulated by the country's law. Policies are defined as well the rights and obligations in business transactions. The legal framework for business to be conducted is defined by the country's government. There will be variances in laws country to country. Sound business decisions can be made by acquiring knowledge about common laws and civil laws of different countries. Contract and contract law regulate several business transactions. The jurisdiction process of a common law system is expensive. The common law system has a greater flexibility. Contract disputes are interpreted by judges in comparison to the civil law system. The property rights of most countries are not enforced local authorities. Although most of these countries have laws established to the protect property rights of investors. There are two ways in which property rights can be violated. Violations can occur Private action through private action or by public action. Piracy, theft, and blackmail are all categorized ... Get more on HelpWriting.net ...
  • 13. The Federal Common Law Interpretation Many of the sources agree that tribal governments should have assumed or inherent adjudicatory power over non–members on tribal land. Indeed, most sources repeat the same arguments with different justifications. There is a major focus on the history of tribal sovereignty and which is important to in how it impacts the impending decision in Dollar General v. Mississippi Band of Choctaw. Several sources focus on Native American tribe's status, as domestic dependent nations are a major part of how the federal government continues to shrink tribal jurisdiction over non–members on tribal land. Furthermore, many scholars are questioning the definition of "domestic dependent nation" the unique and often confusing legal situation of the Native American tribes. This status leaves states in a similar situation as states but with a shrinking amount of limited sovereignty. Some claim this is the federal common law interpretation's failure and that a constitutional approach is necessary to solve the problems with tribal jurisdiction. These arguments hope that clarity and defined parameters of jurisdiction will establish a new concrete definition of tribal jurisdiction. Other sources just propose to continue to follow the common law understanding of tribal jurisdiction with an understanding that tribes have inherent authority. Although this recognizes the sovereignty of tribes it falls to recognize the failure of federal common law to come to a consensus on the parameters of this power. ... Get more on HelpWriting.net ...
  • 14. Tragedy Of Commons Garrett Hardin's, The Tragedy of the Commons discusses the exploitation of common resources and the inability to solve the problem with technical solutions. Hardin focuses on population and the effect it has and will continue to have on what he refers to as the commons. The exploitation of natural resources or the tragedy of the commons, as he puts it, refers to all resources that are not formally regulated. Such resources include rivers, parks, the atmosphere, energy and so on. Robert Wade and James Acheson take different approaches in how the use ofcommon property can help address the tragedy of the commons. Hardin's primary focus is on the negative effects of a continuous population growth and the welfare state's inevitable need to support population growth. He often describes the optimum population being when growth rate approaches zero. This, he points out, might lead us to believe that any population with an increasing growth rate must be below its optimum however it is mostly the case that the ... Show more content on Helpwriting.net ... The two types of fishing areas play a role in the amount of mixed fishing that is allowed. The more mixed an area is, the less chance of overstepping local boundaries. Nucleated fishing areas have a stronger sense of ownership, close to the harbor and weaker as one moves in deeper. I didn't know about the existence of harbor gangs and how violent fishing can become. Acceptance into a harbor game apparently isn't too difficult and mostly open to locals and those willing to follow the local standards. Perimeter defended areas have sharper boundaries that usually align with the location of their residence. Regardless of where the owner chooses to anchor his boat, the area is his. Mixed fishing is less common here and the membership of harbor gangs here is typically limited to families with land close to ... Get more on HelpWriting.net ...
  • 15. The Conception Of The Common Good The Common Good, as defined by John Rawls, is "certain general conditions that are...equally to everyone's advantage" (Valesquez, 1992, 1). On the other hand, Catholicism has defined the common good as "the sum of those conditions of social life which allow social groups and their individual members relatively thorough and ready access to their own fulfillment" (Valesquez, 1992, 1). The notion of thecommon good originated over thousand years ago in the writings of Plato, Aristotle, and Cicero. Although it would seem to a societies advantage to establish and maintain a system centralizing around the common good, this is not without someone degree of great difficulty. As explained in the article, The Common Good, for a system based off the concept ... Show more content on Helpwriting.net ... "While all may agree, for example, that an affordable health system, a healthy educational system, and a clean environment are all parts of the common good, some will say that more should be invested in health than in education, while others will favor directing resources to the environment over both health and education," (Valesquez, 1992, 3). Continuing, by forcing everyone to agree upon a specific notion of the common good, it would be violating the freedom of those who not share that goal, which would lead to paternalism (imposing one group's preference on others), tyranny, and oppression Although, the concept of the common good seems very beneficial to the whole of a society, it would be nearly impossible to implement the policy for the whole of a society, however, it is possible to have some components of a society based off the common good, such as laws that benefit everyone or welfare programs that everyone has access to in their time of ... Get more on HelpWriting.net ...
  • 16. Common Law Reasoning Common law reasoning and institutions Study Pack page 11 6 'The Judicial Practice of Precedent' Adam Gearey Staff and students of the University of London External Laws Programme are reminded that copyright subsists in this extract and the work from which it was taken. This copy has been made under a licence from the Copyright Licensing Agency of the UK (www.cla.co.uk). Any digital or printed copy supplied to or made by you under the terms of this licence is for use in connection with this course of study. You may retain such copies after the end of the course, but strictly for your own personal use. This reading was written for the Common Law Reasoning and Institutions study pack by Adam Gearey. Copyright © 2007 University of London. ... Show more content on Helpwriting.net ... The most thorough account of judicial practice would then have to go on to study the education and training of judges, and their embedding within a particular culture or cultures of legal behaviour. What are the consequences of this argument? If practices are essentially ways of acting in given circumstances, any general theory may be too distant from the practice to capture how judges actually interpret cases. Judicial interpretation is always a matter of a specific case and a singular set of facts. To understand why a judge in a particular case comes to a particular conclusion necessitates a study of a precise legal context. In other words, a general account of precedent perhaps tells us more about the practice of academic writing than it does about the work of judges. It may be that the best way to understand the practice of judicial interpretation is to abandon any general account, and to see how it proceeds in different doctrinal areas of law. This would indicate that the best way to understand the practice of precedent is to study cases within their specific contexts†. †Precedence and judicial creativity However, given that we need a general account of precedent, we can suggest some overarching concerns that structure judicial practice. The historical beginnings of the present doctrine of precedent obscure the extent to which judicial practice is creative. Judges make law, as Lord Browne–Wilkinson
  • 17. said in Kleinwort Benson v Lincoln City ... Get more on HelpWriting.net ...
  • 18. Common Law Dbq Common law rights were guaranteed by the Magna Carta or Great Charter, which were affirmed in 1215 by King John. One did not have to be born into privilege to have common law rights, however, those who were had even more rights. There were times that the king and parliament disagreed as the "king claimed larger areas of power, leading to a bitter conflict between them." according to Benedict (p. 1). The term "common law" means "...government protection against the encroachments of the rich and powerful," according to Benedict (p. 2). Common law was not England's only legal system. There were many other courts in England, however, people of England and America believed they had certain unalienable rights. One main factor of common law rights was the right to a fair trial. Through common law, the people were assured there would be an impartial judge and/or jury. Without such, the laws would be unfair and no one would receive a fair trial. This was proven in some of the cases before the courts, however, Sir Edward Coke remedied that situation so there was case law for the attorneys and judges to follow. In one case, Sir Edward Coke, as mentioned in Benedict (pg. 3), stated that he took up cases where there was considerable controversy. Sir Edward Coke "...overturned a penalty levied by the College of Physicians of London against a ... Show more content on Helpwriting.net ... As many as "80% were indentured servants," according to the PowerPoint presentation. The landowners needed more help to grow crops and take care of their properties. Thus, more and more slaves were brought in to help the landowners. Furthermore, the slaves had no legal rights afforded to them and, once they were property of their master, the status of slave was constant and ... Get more on HelpWriting.net ...
  • 19. Common Cold Research Paper When you are feeling under the weather, it is easy to panic and head off to the doctor. Unfortunately, most doctors cannot do anything about the common cold. However, if you have something more severe, then a trip to the doctor is advised. The problem with a common cold, though, is that it might turn into something more severe. So how do you know when it's a simple cold versus something more dangerous or life–threatening? Here are four signs: 1. You Have aFever A common cold usually does not cause a fever. If you do experience a fever, especially a high fever of 102–degrees or more, it is likely you are dealing with something other than the common cold. A fever may represent an infection, such as a sinus infection, or something more serious. So if you experience a high fever, definitely head to a medical clinic. ... Show more content on Helpwriting.net ... You Feel Better, But Get Worse Sometimes people will feel the onset of a cold, only to find that it goes away. However, if it comes back quickly and you feel even worse, it may be a sign of something more serious. Super bugs and infections often leave you feeling bad, better, and then worse. This cycle of sickness occurs because the body fights the initial virus or infection, but then the virus or infection gets stronger, and you wind up feeling crummy again. If you experience this, head to a medical clinic immediately. You may need antibiotics to fight the infection. 3. You Have Debilitating Headaches A headache is a common symptom of a cold. However, the headache will usually be mild and will not interfere with daily tasks. If you experience a headache, so severe that it is debilitating and you cannot do function or concentrate, head to the doctor immediately. The severe headache may be caused by meningitis, or something else. You should also visit a medical clinic if you are experiencing a headache that is not lessened by over–the–counter pain relievers. This may also be a sign of something serious that needs attention. 4. You Have a Chronic ... Get more on HelpWriting.net ...
  • 20. Abstract. The Common Cold And Influenza Are Two Common Abstract The common cold and Influenza are two common illnesses of the upper respiratory tract. These illness can often be mistaken for each other due to the overlapping symptoms. The two symptoms that seem to present when the flu is occurring are a fever with a cough. Prevention is also similar for both of the illnesses with the exception of an actual vaccine that can be administered annually for flu prevention. Diagnosis can occur in the physicians office according to the individuals symptoms that are presenting or by completing an rapid flu test. Treatments are also similar for both thecommon cold and the flu because they are both caused by viruses, therefore a patient would not benefit from antibiotic therapy. With educating the... Show more content on Helpwriting.net ... The symptoms of an upper respiratory tract infection can be caused by several other viruses and bacteria. It is important to seek proper medical treatment to receive the correct diagnosis, which will prevent severe illness and from spreading to other people. The Common Cold. An acute viral infection of the upper respiratory tract is often spread by hand contact from an infected person. This may be from direct, indirect, or aerosol of the secretions and the virus (Allan and Arroll, pg 190). The common cold is often less severe than the flu but has similar symptoms. The cold typically is a shorter mild illness with symptoms gradually occurring. It is known to start with sneezing, sore throat, possible chills, and headache. As the cold enhances the patient may present with nasal drainage or congestion and cough. A cold is preventable with physical interventions, probiotics, and exercise. Physical interventions are extremely important in preventing illness and preventing the illness from spreading. These interventions can include hand washing, using alcohol based solutions, gloves, masks, and gowns (Allan and Arroll, pg 192). The most common treatments for the common cold include antihistamines, decongestants, antitussives, and acetaminophen. "One study of guaifenesin found no benefit; in another, 75% of participants reported that guaifenesin was helpful for their cough, compared with 31% given placebo (Allan ... Get more on HelpWriting.net ...
  • 21. Common Law And Equity Laws Common Law and Equity Introduction During the 12th and 13th century, under the common law system of England survey undertaken on tradition, custom and law in the area was originally developed as court decisions. England, the common law and equity laws are developed after the creation of the common law; the analysis based on justice launched and is now used in the royal courts. This gives us the story of the day capital in 1066 as the winner attacked in England and concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires, counties and hundreds, and laws and customs cases. The foundations of the common law have known in public as customary law. In this assignment, ... Show more content on Helpwriting.net ... This procedure, called Equity, develops from the sixteenth century and is characterized by the creation of special courts to make judgments royal and the development and writing of an important precedent. Both systems, Common Law and Equity, will live together until 1875 when the distinction will be abolished. The main consequence is the existence, even today, two major legal systems: the English system of common law and equity in use in the United States and Commonwealth countries and the continental system based on the Napoleonic Code in other European countries and in all their colonies. Common Law and the development of measures For years, these two structures common law and the functioning of the equity side and front were. In 1615, in each case, it was determined that we should do in case of dispute. Over time, even after years of antipathy between the two systems was continued for centuries. In 1865, after the restoration of the system of English law, it was decided in the case of divergence between the common law and equity, justice must prevail. Form, the Supreme Court, the laws of justice (1873–1975) established principles for managing a hybrid legal system of courts and courts of equity of the common law and equity. Accordingly, the Court is now not only the court or the court of equity, which is now a court with universal jurisdiction. Pettit (2012) discusses some licenses can be generated by a trust ... Get more on HelpWriting.net ...
  • 22. Garrett Hardin's The Tragedy Of The Commons Garrett Hardin's article, "Tragedy of the Commons", discusses the idea of the exploitation of public resources, or the "commons". This results in the resources becoming unusable, due to the overuse by the public (Hardin). The 1972 TV Movie, The Lorax, tells the story of a fictional forest being being exploited, resulting in the loss of the public resource due to waste, pollution, and deforestation (Seuss). While the literal story of The Lorax is fictional, Tragedy of the Commons is constantly occurring to public resources. One of the many areas where Tragedy of the Commons is currently being demonstrated is in the overfishing of the red snapper in the Gulf of Mexico (Binns). Although The Lorax is a children's story, the theme of the Tragedy of The Commons is applicable in society, appearing in the red snapper overfishing today, and both The Lorax and the red snapper population are examples of human/outside interference causing a large impact on an animal ... Show more content on Helpwriting.net ... The Lorax, from Seuss' The Lorax, is a fantastical creature who attempts to warn the Once–ler of his destruction of the commons, from which many creatures peacefully benefit, to feed his industrial empire (Seuss). Although the story of The Lorax is not a literal recounting of a historical event, such as the current problem dealing with the red snapper, The Lorax is still an example of Tragedy of the Commons, and a lesson can be drawn from it's narrative. Due to the deforestation carried out to feed the Once–ler's capitalistic empire (Seuss), one is able to see the real–life application of The Lorax. In Hardin's article, "Tragedy of the Commons", he describes the effects of housing more cows than the maximum capacity in a public grazing field. As a result, the field becomes bare and unsustainable to ... Get more on HelpWriting.net ...
  • 23. The Law And Common Law INTRODUCTION In the field of using another person or and organisations land under the bind of a contractual agreement is normally in place to clearly state and establish each parties rights and obligations to each other and indeed to the property. Common law has a role to place in relation to these tenancies whether they be residential or commercial as far as trying to protect tenants and newer legislations are always geared towards protecting the rights of tenants, this is very important considering the current backdrop and trend towards renting property in the United Kingdom as opposed to homeownership. Common law does not have the same reputation in relation to advocating tenants' rights and are best there is still a great uncertainty ... Show more content on Helpwriting.net ... 4–The fourth kind of license and the most important in relation to the unique factors that a court in Northern Ireland will take into consideration in distinguishing between a lease and a license is a contractual licence. A contractual licence which is more relevant in this case is in effect permission to use or occupy land or property, this type of licence derives from an implied contract. The licensee does not have a legal estate however, A license normally infers occupational rights similar to that a hotel owner has over a guest, due to the level of control that the hotel owner exercises over their property the guest will not have an exclusive possession of the room they occupy and are seen ultimately as lodgers or a licensee. While there are the four different forms of licence it is vital to note that it is a very basic different between all four which has been recognised law for a long time. If we view a licence in a historical context we see it has long been established that is does not grant exclusive possession. "Property passeth no interest nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful" Vaughan, Thomas v Sorrell ([1673] EWHC (KB) J85) Those in possession of a license at most have exclusive occupation and do not have the statutory protection of tenure under the (Rent Act 1977) which a lease holder enjoys. It must be noted that a licence holder will have a ... Get more on HelpWriting.net ...
  • 24. A Covenant Of The Common Law Rule Critically, a release takes effect immediately. Id. As a consequence, a release immediately discharges any obligation within its scope. Id. Accordingly, because a release has the effect of immediately discharging an obligation, the release is tendered at the time the release is given. Therefore, a release cannot be breached because complete performance is rendered at the moment release is effectuated. In some instances––again, generally in the context of joint tortfeasors––the common law rule that a release had the effect of discharging an obligation rather than an obligor was perceived to apply too harshly when an obligee gave a release with an obvious intent to only discharge one but not all obligors. Shriver, supra, 155 Md. at ... Show more content on Helpwriting.net ... Contrary to a release, a covenant not to sue did not have the effect of discharging an obligation, but rather it was a promise made by the obligee to refrain from enforcing the obligation. This distinction permitted a plaintiff to reach a settlement with one joint tortfeasor without discharging the obligation with respect to the remaining obligors. This concept is reflected in the Restatement (Second) of Contracts, which defines a contract not to sue as "a contract under which the obligee of a duty promises never to sue the obligor or a third person to enforce the duty or not to do so for a limited time." Restatement (Second) of Contracts В§ 285. The material distinction between a release and a covenant not to sue is that a release is an immediate discharge, and performance is complete at the time the release is effectuated. A covenant not to sue, on the other hand, is a promise for the maker to undertake some future performance. Stated differently, "[d]ischarge by release . . . has long been regarded as an executed transaction rather than an executory promise" whereas "a covenant not to sue . . . was treated as an executory promise." Restatement (Second) of Contracts В§ 295 cmt. a. For this reason, a lawsuit on claims ... Get more on HelpWriting.net ...
  • 25. The Tragedy Of The Commons By Garrett Hardin Over the decades, researchers from many disciplines have been known to analyse an assortment of academic writings including academic journals. The article, The Tragedy of the Commons, written by Garrett Hardin is a critique that modestly describes the magnitude of overpopulation. Hardin based the Tragedy of the Commons on a pamphlet entitled, Two Lectures on the Checks to Population, written in 1833 by English mathematician William Forster Lloyd. The author Garrett Hardin was an influential ecologist, genetically trained biologist and philosopher. Hardin has been noted as the leading advocate over the last three decades of the 20th century for the necessity of controlling the growth of world population and reducing immigration into the United States (Lynn, 2003, para. 1). A major focus of Hardin career was the issue of humanoverpopulation, which led to him writing numerous pieces on controversial subjects such as advocating abortion rights, eugenics and strict limits to ... Show more content on Helpwriting.net ... Hardin addresses the issue of pollution stating that "the rational man finds that his share of the cost of the wastes he discharges into the commons is less than the cost of purifying his wastes before releasing them" (Hardin, 1968, p. 1245). Thus, the rational man finds that it is more economical to discharge his waste into the commons. Hardin's states that an increase in the population is vastly threatening our environment due to its direct relation to increased pollution. Therefore, to avoid pollution, it must be easier and lower in cost to treat the pollutants, than to get rid of them untreated. As the numbers of people increase, there will inevitably be rising levels of pollution, degeneration of the quality of agricultural land, deforestation, and deterioration of air and water quality. To prevent this deterioration, Hardin believes our first aim should be to arrest the growth of world ... Get more on HelpWriting.net ...
  • 26. The Common Law System Of England ntroduction During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the common law have known in public as customary law. In this assignment, author will describe the development of the UK system of common Law and Equity. Arguments about judge's role in the development of legal principles will be made. The Common Law During the conquest in 1066, William applied old legal customs in generalizing to the entire kingdom. It was the origin of the Common Law; the essential characteristic was that it was rooted deeply in Roman law to be based on the customs and practices from medieval traditions. These customs are still mainly oral; procedures are carried out by royal courts who judge case leaving significant room for interpretation. Gradually, the common law is insufficient and ineffective for a number of disputes. The Equity Individuals appeal directly to the king, arguing the fairness of their problems. This procedure, called Equity, developed from the ... Get more on HelpWriting.net ...
  • 27. Importance Of Common Stock By John Locke When dealing with a common stock within a society, one would assume that taking from the commons would leave other people worse off than they were before. However, this is not the case according to John Locke. In the beginning of Locke's Second Treatise on Civil Government (1690), he acknowledges that all men are "equal and independent, no one ought to harm another in his life liberty or possessions" (В§ 6). This raises the question of whether taking from the commons harms another person's interest or not. According to Locke, the common stock is everything that "God, as King David says (Psalm 115:16), 'has given the earth to the children of men'" (В§ 25). Locke argues that taking from the commons would not affect the other people in society negatively, but it would instead enhance the value of the commons themselves. Locke utilizes the abundancy of the commons and the theory that applying one's labor to an object taken from the commons raises the value of the common stock. The First Objection to the Thesis Locke's first argument is that the commons are so abundant that there is no need to worry about depleting resources. While discussing appropriation in the commons, Locke infers that "no man's labour could subdue or appropriate all, nor could his enjoyment consume more than a small part" (В§ 36). One man alone could not subdue all the objects in the commons, but what does this mean when everyone is appropriating? This raises an issue as resources in a society are never ... Get more on HelpWriting.net ...
  • 28. Common Law: Reynolds And Esparraga Every society makes and enforces laws the govern the conduct of the individuals, business, and other organizations that function within it. Without law we cannot live, only with–it can we cover the future which by right it is ours. All five–cited work relate to the explanation is based on the similarities of the Common Law foundation. Reynolds and Esparraga equally focus on the history of common law and how the United States lawmaker was the encouraged by other counties. The law of the country is primarily based on English commons law, other legal systems, such Spanish and French civil law, also influenced it. The law of United States and been in place for years, since the founding of this country and the adoption of the English common law, ... Get more on HelpWriting.net ...
  • 29. Analyzing Hershey's 'Tragedy Of The Commons' Robert Hoyt 9/14/14 D' Alessandro 2 Tragedy of the Commons ABSTRACT This experiment was used to explore how finite resources can be used and exploited when they are shared throughout a group because of personal greed. The "Tragedy of the Commons" is the situation where individuals shared a resource with others, but use the resource for their personal gain, disregarding the impact it could have on the rest of the group and the fact that it is a finite resource. During the experiment, in Part I, I observed that at one point we were going to run out of Hershey's ... Show more content on Helpwriting.net ... In Part II, I got different results because as a group we did not exploit the resources in either of the ponds In Part I, I took as many fish as I could, but in Part II, as a group we took only as much as we needed to survive If you cooperated that meant that everyone survived and the pond would not run out of fish. In both the common and private pond I took only two fish so that the population of the pond would reach carrying capacity for the start of each round. Common usage can lead to exploitation because one of the members of the group could get greedy and exploit the pond for everybody. The ideal way to manage the common pond would be so that each party would only take what they need so that the population of the pond could replenish for each round. If I didn't know the students in my group I wouldn't want to communicate as much. To avoid the "tragedy of the commons" there should be limits on how much of a resource people can use over a certain time so that it doesn't get exploited. If a new student joined my group we would not have been able to divide the fish up evenly to everyone and that student might not have wanted to be as conservative as the rest of the people in my ... Get more on HelpWriting.net ...
  • 30. Common Law And Civil Law At the global level international law is of great importance and the legal systems such as common law, civil law, customary law, and theocratic law exist in different countries across the world. There are about 196 sovereign states in the United Nations Organization and each of the states follows a legal system created by them or by an agreement in the form of regional treaties and other accords. Common law: A common law system according to Samii (2011, p. 112) is based on tradition, judge madeprecedent and usage. In common law, the past ruling, legal legislation and the explanation of the statutes is set as precedents for the courts and apply the established practice to a same set of facts. The law developed through the judgment instead of executive or legislative statutes to a legal system that rely on constituting a precedent case law (Chand, n, d). Any time when the disputing parties disagree on what the rule is, Common law refers g any past precedential decisions. The major difference between common law and civil law system is the doctrine of the precedent in which court applies the rulings of previous cases in the circumstances the facts are the most similar. The judge ruling becomes law that is followed by future judges and this is referred as judge made law, or common law. The legacy followed by Common law is Anglo–American that is widespread in Canada, the U.S, England, Australia, and New Zealand. Civil law: According to Samii (2011, p. 112), Civil law is based ... Get more on HelpWriting.net ...
  • 31. Common Law Summary And Analysis Common Law claims are mostly determined by tort laws. Employees wishing to sue their employer for workplace privacy may rely on privacy tort theories. Privacy tort is separated into four branches of action: 1) Intrusion upon seclusion or solitude, or into private affairs, 2) public disclosure of embarrassing private facts, 3) publicity which places a person in a false light in the public eye and 4) appropriation of name or likeness. Intrusion of privacy tort is often used in many court cases between employers and employees in the workplace ( Fazekas,2015). In the case of Stengart v. Loving Care Agency, Marina Stengart used her company computer to send personal emails to her lawyer. Her emails were exchanged through her personal email account ... Get more on HelpWriting.net ...
  • 32. Judge Law And Common Law System IIII– Judge in civil law and common law system 1–Judges' position in civil law system In civil law system, the judge has different role in courtroom for running cases. In civil law systems, civil cases are actually run by the judge, with subordinate involvement by the parties advocates, indicates of this conception of the judge 's role is that traditionally it was thought to be up to him to decide the issues in dispute, and finally formulate the judgment according to the law and the proof, in such a system, the lawyers ' activities may be characterized as residual, they may create suggestions concerning the evidence, as well as propose either issues to be examined or questions. Judge has more powers from the beginning of the case until the final decision. Moreover, a judge in civil law system does not silent during the trial, judge participates in the case by making question for parties. Judges in civil law systems act as inquisitor, interpreter of code language, and finder of fact, in many examples sitting on juries themselves, judges in civil law system, they depend less on precedent than on commentary by legal scholars. In Civil law states, judges are bound to codes. Thus, judge has different role in courtroom, for running trial, for asking questions, for collecting evidence, and deciding on cases. For example, Judge in Iraqi civil legal. Judge in Iraqi legal system has different role than common law system. The judges is investigative on cases , then the ... Get more on HelpWriting.net ...
  • 33. Business Common Law HNC BUSINESS COMMON LAW 1 ASSIGNMENT 1 Darina Byrne Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary–: Intention to create legal relations can be defined as follows. 'An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.' Source (HNC unit 5 Business law course book) In determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social... Show more content on Helpwriting.net ... Executed In the case of unilateral contracts, where the offeror promises something in return for the offerees doing something, the promice only becomes enforceable when the offeree has actually preformed the required act. Past consideration –not valid This category does not actually count as consideration–with past consideration the action is preformed before the promise that it is supposed to be consideration for such action is not sufficient to support a later promise.(ref–: McArdle 1951) Rules relating to consideration Consideration must not be past. Performance must be legal. Performance must be possible. Consideration must move from the promise.(Tweddle v Atkinson(1861)) Consideration must be sufficient but need not be adequate. The court will not intervene to require equality in the value exchanged as long as the agreement has been freely entered into.( Chappell + Co v Nestle co(1959)) In Pinnels case 1602 it was stated that payment of a lesser sum cannot be any consideration for the whole amount owed. This opinion was approved in (Foakes v beer (1884)). However the following will operate to discharge an outstanding debt fully–: Payment in kind. Payment at a different place. Payment of a lesser sum by a third party. A composition arrangement between creditors that they will accept part payment of their debts. Source (course notes). Explain why it is important that a contracting parties ... Get more on HelpWriting.net ...
  • 34. The Tragedy Of The Commons The Tragedy of the Commons American Earth: Environmental Writing Since Thoreau is a diverse yet interconnected collection of essays by renowned environmentalist authors who have been influential in literature, religion, science, and politics. Each piece has a specific purpose and role that it plays in conveying ideas and themes. Many authors share their personal opinions on issues such as the world's declining forests, the extinction of species, such as birds in Gene Stratton–Porter's "The Last Passenger Pigeon" (192), and their intimate experiences with nature, such as Julia Butterfly Hill's "The legacy of Luna" (907). However, the most influential essay in this book is "The Tragedy of the Commons" by Garrett Hardin (438). A multitude of pieces in this book tie into the tragedy of the commons and support its ideas in one way or another. In his essay Hardin discusses how the rapid decline of the world's common places, such as natural animal pastures, are the result of rapid, uncontrolled human population growth. Hardin suggests that environmental problems such as deforestation, crowding out of native species, loss of resources, pollution, poor job economy, etc., are the result of the loss of common spaces. He indicated that common spaces used to be plentiful enough for every person to have an abundant share, but that was when the human population was smaller than the current population of 7 billion people. Hardin's powerful essay proposes many solutions and methods ... Get more on HelpWriting.net ...
  • 35. Common Law 1– Define Common law, derived from English law and found in England, the United States, Canada, and other countries once under English influence; Civil or code law, derived from Roman law and found in Germany, Japan, France, and in non–Islamic and non–Marxist countries; Islamic law, derived from the interpretation of the Koran and found in Pakistan, Iran, Saudi Arabia, and other Islamic states; A commercial legal system in the Marxist–socialist economies of Russia & the republics of the former Soviet Union, Eastern Europe, China, and other Marxist–socialist states whose legal system centered on the economic, political, and social policies of the state. Arbitration A procedure used as an alternative to "litigation" in which parties in ... Show more content on Helpwriting.net ... In general, a U.S. citizen is subject to the laws of the U. S. as well as to those of any foreign country in which he lives or works. In the case of a conflict, & unless the government of the citizen takes up the citizen's case in an international court, jurisdiction is generally determined (1) on the basis of jurisdictional clauses included in the contract, (2) on the basis of where a contract was entered into, or (3) on the basis of where the provisions of the contract were performed. The jurisdictional clause is the most clear–cut & is usually honored. 3– Discuss the state of international commercial law. Commercial law, varies in meaning between common law (where commercial disputes are subject either to civil or commercial law) & code law (where a codified inclusive commercial law exists). Consequently, there is no such thing as an "international" commercial law,
  • 36. In general, the marketer must deal with national commercial laws & must vary his operations from country to country with regard to its individual laws. Progress toward unification is being taken with greatest success in the EEC countries, which eventually aim toward a unified ... Get more on HelpWriting.net ...
  • 37. The English Common Law System The English common law system is obliged to comply with the rights and obligations under the Human Rights Act Convention. Even though they are not bound by it has been advised by the House of Lords to harmonise or comply with the Conventions, on a equivalent basis which is "no more, but certainly no less". The Convention does not guarantee damages for violations that have occurred between private parties, it only protects them against the public authorities, thus only binding states. Generally the HRA awards damages for rights violated under the Convention which are minimal when compared to the compensation awarded under English tort law. Enabling courts to sustain their reluctance to harmonise with the Convention 's rights. This essay... Show more content on Helpwriting.net ... Therefore the s. 6 under the HRA Convention maintains an indirect horizontal effect rather than a horizontal one. It was presumed that a uniform approach to be upheld by the UK courts, but this approach was only in theory that HRA would be somehow incorporated into the domestic law and where necessary could be 'reformed by a judiciary," and in practice the opposite had occurred. Prior to 1998, under the common law right to privacy did not reinforce a failure to compensate individuals for breach of their privacy. After the HRA came into force, the first critical case was faced by the English courts in the case of Catherine Zeta–Jones ' case concluded there was a breach of confidence.The reason that lay behind this harmonisation was that protection for individual privacy was the equivalent of protecting individual autonomy established by the omissions principle. In this area of law, the courts have provided a remedy at a domestic level by incorporating s.7 of the HRA. It is quite contradictory that the common law now mirrors the Conventions rights with regards to breach of confidence, but takes a more conservative approach whilst dealing with a more crucial matter in relating to article 2. Where without a right to life a secondary right to privacy is null. In most civil law jurisdictions there is no line of distinction drawn between private individuals and public authorities when it comes to imposing a liability for negligence. However the UK case law ... Get more on HelpWriting.net ...
  • 38. Common Law And Equity Law COMMON LAW AND EQUITY Introduction During the 12th and 13th century, a survey was conducted on tradition, custom and law under the common law system of England. This survey originally developed as court decisions. In England, the equity laws are developed after the creation of the common law. The analysis based on development of justice and is now used in the royal courts. This gives us the story of the 1066 when the England was attacked and concluded that there is no common law system, but the local court system. It is called the power of traditional dishes such as Shires and counties. The foundations of the common law have known in public as customary law. In this assignment, me the author will describe the development of the UK system of common Law and Equity. Arguments about judge's role in the development of legal principles will be made. The Common Law During the conquest in 1066, William applied old legal customs in generalizing to the entire kingdom. It was the origin of the Common Law; the essential characteristic was that it was rooted deeply in Roman law to be based on the customs and practices from medieval traditions. These customs are still mainly oral; procedures are carried out by royal courts who judge case leaving significant room for interpretation. Gradually, the common law is insufficient and ineffective for a number of disputes. The Equity Individuals appeal directly to the king, arguing the fairness of their problems. This procedure, called ... Get more on HelpWriting.net ...
  • 39. Common Cold Recovery The runny nose, the painfully scratchy throat, and clammy body are all common symptoms of the common cold, a sickness that almost everyone has experienced in their lifetime. A cough heard in the cold weather is "normal" and even expected, but what if one never had to deal with problems like these again? Or if they did only have them with a fraction of the severity and a much quicker recovery time? By following three simple and very effective steps, one can recover more quickly from a cold and possibly avoid catching one altogether. Some of the best ways include following certain, specific hygienic protocols, eating the proper, nutrient–rich foods, and most importantly of all, resting. First, we all must remember to be clean, which includes washing one's hands regularly. By washing hands regularly using warm water, soap, and a little elbow grease, one can easily prevent days of sickness, save dozens of tissues from being used, and even spare the person using... Show more content on Helpwriting.net ... Our bodies are outstandingly complex and capable of doing extraordinary things. Many of these things happen while we sleep, such as the encoding long term memories. The repair of tissues and damaged cells also takes place while a human is resting. The common cold is a viral infection, and once it fights its way into our bodies, begins the task of injecting its own DNA into our cells, not only reproducing and growing, but changing the original nucleotide sequence of a cell into something new and deadly. Our bodies then attack these viral cells with the white blood cells, causing our bodies to kill these infectious invaders. Sleeping allows the body to repair the tissues that are damaged due to this process leading to a quicker recovery. Resting and staying home while exhibiting symptoms also helps prevent the disease from spreading around to hundreds of other ... Get more on HelpWriting.net ...
  • 40. Civil Law And Common Law System II–The source of law in civil law and common law system A– Sources of law in civil law system The Civil law is different from Common law systems in many areas. Source of law is one of the important part from each legal system in the world. Source of law is the fundamental different between both of them. In civil law the prime source or basis of the law is legislation, and big areas are codified in a systematic manner, these codes shape a very distinctive feature of a Romanist legal system, or the so–called civil law, although in the form of statutes duly enacted by the proper legislative procedure, the courts should apply the law, statutes and codes. In civil–law systems, by opposite, codes and statutes are created to cover all eventualities and judges have a more restricted role of applying the law to the case in hand, past judgments are no more than loose guides. The legislation helps judges to end issues when come to the court. Moreover, in the civil law system, it has the different documents to keep codes. Civil code is a book which includes the laws that regulate the relationships between people, it includes the following topics: persons and the family, things and ownership, successions and donations, matrimonial property regimes, obligations and contracts, civil responsibility, sale, lease, and special contracts, as well as liberate prescription (statute of limitations) and acquisitive prescription (adverse possession). A code is general ... Get more on HelpWriting.net ...
  • 41. The Common Cold The common cold has been plaguing humankind since the beginning of human existence. Even in these advanced times, there is no vaccine or cure. There are many symptoms that accompany the common cold. Some of these infamous symptoms are a runny nose, caused by inflammation of the nasal tissues, resulting in over production of mucus to trap the virus, and coughing. there are two different kinds or types of coughs that are common with colds. The first, is the less common dry hacking cough, these kinds are more likely to keep you up at night and just plainly annoy you than do any thing else. The other more common type of cough is the kind whose purpose is to expel mucus and or phlegm. These help to combat the cold by helping to expel the mucus ... Show more content on Helpwriting.net ... This same article said that kissing doesn't necessarily spread the cold virus (1–2). Laurie Tarkan says that the main way that the cold virus is spread is through touching of the nose and mouth, like the Mayo Clinic Letter. She also stated that the reason that colds seam to flourish in the winter is that people tend to group together in schools and in homes, therefor spreading the virus throughout the population. Also more people tend to fly durring the winter. In order to keep the cabin pressurized, the airplane circulates the air, and that means that if one person has a cold and coughs then the whole plane will have a great chance to become infected. Also at higher altitudes, the air seriously dries out the nasal membrane in the nose and therefore make a person more susceptible to the virus. Because of this, experts like Laurie Tarkan suggest to drink allot of water while flying in an airplane, about eight ounces for every hour that you are on the airplane (202, The Common Cold 2). There is only one possible way to stay totally healthy during the winter. That is to be locked in a room underground and not see anyone until the cold season is over. Fortunately there are a few guidelines that you can follow to help your chances of staying well this winter. One is to wash your hands often, not compulsively but often, and also try to stay away from people who have really bad colds. If someone in your house or workplace gets or has a cold, ... Get more on HelpWriting.net ...
  • 42. The Tragedy Of The Commons Essay The Tragedy of the Commons American Earth: Environmental Writing Since Thoreau is a diverse yet interconnected collection of essays by renowned environmentalist authors who have been influential in literature, religion, science, and politics. Each piece has a specific purpose and role that it plays in conveying ideas and themes. Many authors share their personal opinions on issues such as the world's declining forests, the extinction of species, as well their intimate experiences with nature. However, the most influential essay in this book is "The Tragedy of the Commons" by Garrett Hardin (438). A multitude of pieces in this book tie into the tragedy of the commons and support its ideas in one way or another. In his essay Hardin discusses how the rapid decline of the world's common places, such as natural animal pastures, are the result of rapid, uncontrolled human population growth. Hardin suggests that environmental problems such as deforestation, crowding out of native species, loss of resources, pollution, poor job economy, etc., are the result of the loss of common spaces. He indicated that common spaces used to be plentiful enough for every person to have an abundant share, but that was when the human population was smaller than the current population of 7 billion people. Hardin's powerful essay proposes many solutions and methods for solving the ever increasing tragedy of the commons. "Ruin is the destination towards which all men rush, each pursuing his ... Get more on HelpWriting.net ...