Common law Essays & Research Papers

Common Law is the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. Which means that it is a system in which principles are developed based on past situations with similar conditions. In this sense common law is founded on the precedence of first occasions. In the case of an event that an instance has never before happened the outcome of this event sets the precedent for futher cases. American law is based on federal and...

For other uses, see Common law (disambiguation). Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch[1]. A "common law system" is a legal system that gives great precedential weight to common law,[2] on the principle that it is unfair to treat similar facts differently on different occasions.[3] The body...

Common Law The development of Common Law in England in 1066 by William the Conqueror who defeated King Harold has some importance in the Australian Legal System today as some of its characteristics have been replicated into our legal system. Before the Norman Conquest of England in 1066 there was no unitary, national legal system. Prior to 1066 the England legal system involved a mass of oral customary rules, which varied according to region. Each country had its own local court dispensing...

 Assignment On Common Law Submitted To: Dr. Simon Palmquist Word Count: 1,919 Table of Contents Question 1................................................................................................................ 02 Question 2................................................................................................................ 04 Question...

Common law 1 Common law Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law,[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In...

Topic 1: Distinguish between the role of criminal law and civil law in relation to the legal system and analyse the purpose of the law. Criminal law is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is prohibited by the state because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and that sets out the punishment to be imposed on those who breach these laws. [1] The criminal law...

Originally, common law was customary law, folk law, based on precedent. There was of course statutory law -- the king's law -- but common law guided how it was enforced and administered. No real common law exists today, having been entirely codified as statutory law throughout the English-speaking world. There remains, however, what are sometimes termed common law rights. Now and again, a new situation arises where there is no law to guide a judge, but where there really is something to...

Chapter 1 1. Why did common law become so rigid and inflexible? Answer: By the reign of henry II, the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement, but often the reasoning behind the judgement, in much the same way...

A.D POLS 2200 Paper #1 9/24/13 Common Law vs. Civil Law There are nearly 200 nations in the world, each with their own distinct legal system based on one of the four major legal systems: common law, civil law, socialist law, and religious law. The majority of countries today follow either common law or civil law. Here in the United States we practice common law, as opposed to countries like France and Germany, which practice civil law. There are several differences between these two...

There are more than 200 nations in the world nowadays, and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas, international law governs relations between states, institutions, and individuals across national boundaries, municipal law governs this same person within the boundaries of a particular state. The comparative law, which is the study, analysis, and comparison of the different municipal law systems, classifies countries into...

COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US, it is less prescriptive than civil law system,citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions,no written statues or prescribed...

Before the Norman Conquest, different areas of England were governed by different systems of law, often adapted from those of the various invaders who had settled there; roughly speaking, Dane law applied in the north, Mercian law around the midlands, and Wessex law in the south and west. Each was based largely on local custom and, even within the larger areas, these customs, and hence the law, varied from place to place. The king had little control over the country as a whole, and there was no...

Year 12 Unit 1 Model Answers Question 1 (a) Outline what is meant by alternative dispute resolution and how it operates within the civil justice system – 14 marks The phrase alternative dispute resolution, also known as ‘ADR’ essentially is a range of ways to avoid full scale litigation. Access to justice is a fundamental right and is protected under Article 6 European Convention of Human Rights, therefore, if society is to operate effectively there must a way of ensuring that disputes...

Revision questions for NGC1 element 1 Foundations in health and safety These will probably be the first set of revision questions that you attempt. The questions are, as their name indicates, intended to help you revise the main points of each element. Having said that, many of the questions could also be found, little changed, in your Certificate examination. Past examinations Actual past papers must form an integral part of your revision programme as you prepare for the examinations;...

 The source of English Law is broad, with the real starting point at the Norman Conquest in 1066. During that time, England was mostly ruled by customs prior to the Conquest. It wasn’t until William the Conqueror took throne that modern English law started to develop, under the common law. Fast forward to 21st century, and now the law has been a lot more developed, with its sources divided into two, the primary source and the secondary source. The primary source being case law,...

Common Law and Equity A) Explain the history of Common Law. The common law developed because the legal system in England and Wales couldn’t rely only on customs. It wasn’t until after the Norman Conquest in 1066 that a more organised system of courts was created. William the Conqueror set up the Curia Regis (The Kings Courts) and appointed his own judges. These judges were also sent to major towns to decide any important cases. When Henry II came to throne in 1154-1189 tours...

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...

Question : Which of the following states has implemented a voluntary statewide certification program for paralegals? Student Answer: Arizona Michigan Texas New Jersey Points Received: 0 of 5 Comments: 2. Question : Which of the following organizations administers the CLA and the APC exams? Student Answer: State bar associations NFPA NALA PLA Points Received: 0 of 5...

UCC Team Boys and a Chick Law/421 11/3/12 Mr. Marmo Uniform Commercial Codes 1) Does article 2 of the UCC apply to the contracts between Grocery Inc and their vendors? Yes. In the scenario Grocery Inc is in contract with multiple vendors, both private (individual) and corporate vendors. Article 2 covers the sale of goods. Goods meaning that they can be moved during the time of purchase such as food products (Lawinfo.com, 2012). The UCC does not cover services like a...

Development of common law and equity Introduction I have been asked to write a essay on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since replaced by parliament common law is the basis of our law today it is an unwritten law that developed from customs and judicial decisions. It is parallel with equity which refers to the source of law created by the Lord Chancellor which was designed to supplement...

Outline the development of common law and equity. A The Law in England didn't come about all at once, but has developed over the centuries. There are 5 different sources of law: Customs, Judicial decision, Acts of Parliament, Delegated Legislation and, most recently, European Law. However, new law is still being created today. The law as we know it today all started in 1066, when William the Conqueror invaded England. He found a country with no single system of law, just sets of...

 Common Law Contracts and the UCC Article 2 Wk 5 Reflection Erick Kopczick, Seth Simmons, Karl Svanberg Law/421 December 22, 2014 Charles deWitt Common Law Contracts and the UCC Article 2 Wk 5 Reflection There are some similarities when it comes to UCC and Common Law contracts. But UCC is for goods and tangible items whereas Common Law Contract is for the intangible items like services. UCC is use to eliminate the technical requirements of contract law. UCC relies on the merchants...

Before the Norman conquest of England in 1066, we had no national English system. The laws that were made up were different in different areas, it varied between places. Each area has its own local court and decisions made in one area are different to decisions made in another area. William made himself the owner of all the land. He also allowed others to allow to him to sort out any problems that link to land. This process became known as the king’s justice. The applicant that would need to...

Common Law Law developed through conclusions of courts and similar committees by the judges is known as common law, it is also known as case law. Common law binds upcoming decisions and it is the body of practice. Common law delivers compensation in monetarist value of the damages due to violation of contract and approves the legal owner of the property. Certain amount of money presented as compensation by a court for a breach or trot of agreement is known as damages, it is also famous as lump...

The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen, and he was acknowledged to be the rightful king, but the magnates and such had sworn loyalty to Henry's daughter, Matilda. The entire reign of Stephen, which lasted from 1135 to 1154, was spent fighting with Matilda and her French husband. Upon Stephen's death the son of Matilda, Henry II, became king in 1154. It was from here on that the King started to...

Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury, the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling;...

Outline the development of common law and equity. Before common law and equity came into existence, there were only customs that protected the people and their rights. Customs can be divided into general customs and local customs. General customs are said to be the basis of common law because it is thought that after the Norman Conquest, judges who travelled around the land making decisions in the King’s name based at least some of their decisions on the common customs. Local...

2 The English legal system and the common law tradition Contents Introduction 22 2 1 Judging the operation of the legal system 23 2 2 2 3 2 4 2 5 2 6 The common law tradition and its influence upon the English legal system 27 Have we seen the historical rise and fall of the 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...

A breach of a contract is a failure to perform it. True A court may depart from a precedent if the precedent is no longer valid. TRUE A decision on a given issue by a court is not binding on an inferior court. False A defendant is a person against whom a lawsuit is brought. TRUE A federal statute regulates an employment practice. To resolve a dispute concerning the practice, Paula, a judge, will most likely apply the statute. A state constitution is supreme within the state's...

 Common Law Tradition and Sources of Law Common Law Tradition: In early England, there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead, there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law, a body of general rules that applied throughout the entire English realm. Eventually, the common law tradition became part of the heritage of...

The Development of Common Law and Equity Common Law has been functioning in England since the 1250’s, two centuries after William the Conqueror defeated Earl Harold Godwinson in the Battle of Hastings in 1066 and became King. It was then in 1066 that Law began to be standardised. There were, however, problems with the Common Law system and people were becoming dissatisfied with the remedies distributed by the Court. As a result, the Court of Chancery was established and could provide...

Equity has brought benefits to many litigants who would otherwise have been severely disadvantaged by the common law. Discuss, with reference to decided cases. William the Conqueror found England with no single system of law common to the whole country. The law was mainly sets of customary rules which differed from area to area. For example, in one area you could get away with stealing, in another it would be seen as crime. There was no such thing as ‘ The English Legal System” until...

Civil law is primarily contrasted against common law, which is the legal system developed among Anglo-Saxon people, especially in England. The original difference is that, historically, common law was law developed by custom, beginning before there were any written laws and continuing to be applied by courts after there were written laws, too, whereas civil law developed out of the Roman law of Justinian's Corpus Juris Civilis (Corpus Iuris Civilis). In later times, civil law became codified...

CUEA SCHOOL OF LAW General Principles of Equity I History of equity Introduction of the doctrines of equity into Nigeria The relation between Equity and Common Law Conflicts between Equity and Law Nature of equitable rights I Nature of equitable rights II UNIT 1 CONTENTS 1.0 2.0 3.0 HISTORY OF EQUITY 4.0 5.0 6.0 7.0 Introduction Objectives Main content 3.1 Law and equity 3.2 Conscience 3.3 Difference and conflict 3.4 Equity and the common law in the narrow sense Conclusion...

Discuss the development of the Common Law System Common Law is an unwritten Law that applies to everyone established by judicial decisions. Before the Norman Conquest of England in 1066, different areas of England were governed by different systems of Law such as in the North of England, Dane Law applied, in the Midlands, Mexican Law applied and in the South and West of England Wessex Law applied . These laws were originated in customs, and these customs became the groundwork for our ‘common...

AIM & OBJECTIVES …………………………………………………………………………………………………………………………………. 1 METHODOLOGY………………………………………………………………………………………………………………………………………. 2 FINDINGS: CHAPTER ONE: THE FAMILY COURT…………………………………………………………………………………………………… 3-4 * INSTITUTIONALISATION/BACKGROUND * STRUCTURE/PHYSICAL LAY OUT OF COURT * ROLE/RESPONSIBILITY CHAPTER TWO: DEFINITION OF TERMS ……………………………………………………………………………………………….. 5 * JUVENILE * JUVENILE COURT * JUVENILE SENTENCING * BIASES IN JUVENILE...

1.Rule of LawThe rule of law, upheld by an independent judiciary, is one of Hong Kongs greatest strengths. This refers to some of the fundamental principles of law that govern the way in which power is exercised in Hong Kong. The rule of law has several different meanings and corollaries. Its principal meaning is that the power of the Government and all of its servants shall be derived from law as expressed in legislation and the judicial decisions made by independent courts. At the heart of...

The History of the Common Law of England by Matthew Hale 1713 I. Concerning the Distribution of the Law of England into Common Law, and Statute Law. And First, concerning the Statute Law, or Acts of Parliament The Laws of England may aptly enough be divided into two Kinds, viz. Lex Scripta, the written Law: and Lex non Scripta, the unwritten Law: For although (as shall be shewn hereafter) all the Laws of this Kingdom have some Monuments or Memorials thereof in Writing, yet all...

081-AC1221-60 Company Law ASSIGNMENT ONE The case concerns the pre-incorporation contracts. Firstly, it is necessary to define the pre-incorporation contracts. They are the contacts which the promoter wants to enter the contract before a company is incorporated. Under Common law position, the company cannot gain contractual rights or incurs liabilities from a pre-incorporation contract. Also; the pre-incorporation contracts cannot bind the company. In this case, Bosco is the promoter...

Explain the drawbacks of the common law system in England and Wales. ‘Common law’ originated in England in the 11th century. Today in the United States of America, some common law principles from the original English Law are being applied. Alongside it is the branching body of Common Law which is in the process of being set as a part of stare decisis which itself is an abbreviation of the Latin phrase ‘stare decisis et non quieta movere’ which translates as ‘to stand by decisions and not to...

Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law. It was designed to complement it, providing remedies for situations that were unavailable at Law. Because of this, Equity provided a dimension of flexibility and justice that was often times lacking because of the common law's rigidity. This rigidity stems from the fact that, while courts sometimes altered their...

RESEARCH ESSAY Common Law Reasoning and Institutions Researching and writing one essay from a choice of six titles provided (see below) is a compulsory part of the Common Law Reasoning and Institutions (CLRI) subject. You must also be prepared to answer a series of reflective questions on your research essay in the May/June Analyse the adequacy and relevancy of the crime control and due process models for understanding criminal justice, with reference to the jurisdiction you are in and/or...

Legal System of HK Seminar 2: Common Law System and Ideology (9/9/13) Substantive justice VS procedural justice Influence of external forces on legal system, they interact in the law making processes and affect what is morally right or wrong, law is not the only tool responsible for maintain social order, people have private life and other systems (social control, culture, religions…) to guide people’s life and behaviours LAW: Certainty, predictability, there should be an authorities...

Civil and Common law countriesContents TOC \o "1-3" \h \z \u Introduction PAGEREF _Toc383004748 \h 4Historical development of Civil law PAGEREF _Toc383004749 \h 4The source of Civil law PAGEREF _Toc383004750 \h 5The historical development of Common law PAGEREF _Toc383004751 \h 6The source of Common law PAGEREF _Toc383004752 \h 7The main differences between Civil law and Common law PAGEREF _Toc383004753 \h 7Conclusion PAGEREF _Toc383004754 \h 8Reference List PAGEREF _Toc383004755 \h 9...

COMMON LAW AS A LEGAL SYSTEM Common Law and Civil Law When defined in this way the term ¡§common law¡¨ is used to refer to a type of legal system called the common law legal system. The legal systems of various countries are modeled on the English legal system and these countries are said to have a ¡§common law legal system¡¨. This includes most of the British Commonwealth and the United States. The common law legal system involves such matters as trial by jury, presumption of innocence...

The economy of different countries grows at different rates. This is evident by comparing the real per capita Gross Domestic Product (GDP) of different countries. For example, Australia’s GDP growth rate from 2011-2012 was 3.4% while New Zealand’s GDP growth rate was 3.0%. Due to its significance on the national welfare, every country aims to increase their economic growth rate as economic growth means higher income, lower unemployment, lower government borrowing and improved public services...

Common law versus civil law systems The two principal legal systems in the world today are those of civil law and common law. Continental Europe, Latin America, most of Africa and many Central European and Asian nations are part of the civil law system; the United States, along with England and other countries once part of the British Empire, belong to the common law system. The civil law system has its roots in ancient Roman law, updated in the 6th century A.D. by the Emperor Justinian and...

* Law of Negligence: 1st and 2nd essentials of Negligence INTRODUCTION Negligence is a part of that branch of Civil Law known as Tort Law. Hence, negligence is a tort. Other torts include nuisance, trespass (to person or goods or land), deceit, passing off, defamation and so on. This lecture will examine the tort of negligence, and will focus on the first two ‘essentials’ needed to prove an actionable case....

Legal Systems of the World: Differences between Common Law, Civil Law, Customary Law & Theocratic Law Globalization is the shift toward a more interdependent and integrated global economy, fueled by declining trade and investment barriers and new technologies, such as the internet, which creates greater opportunities for international business. International business encompasses a full range of companies, from a large multinational firm with thousands of employees doing businesses in...

Common law evolved over time as a judge made law (according to doctrine of precedent.) In common law the king was the head of the government. Common law was the law administered by the royal courts and as such a more standardised set of rules based on customary law was gradually enforced throughout the whole of England and countries derived from England. E.g. Australia, Canada New Zealand and the United States Common laws rules were too broad to deal with governing a society as complex as...

( INTRODUCTION In a dispute between two parties, the court must first establish what happened. The facts are usually determined by the trial judge. Although in some countries jury may be used, in Malaysia, it was abolished in the 1980s. Once the facts are determined, the judge will then make the application of law to the facts to determine which party would succeed. The doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case, decided...

COMMON LAW ORIGIN OF THE 4TH AMENDMENT As is the case with the majority of the legal pronouncements that comprise the Bill of Rights, the Fourth Amendment is based on the English common law that was extant in England in the 1600s and 1700s. In fact, the Fourth Amendment was directly inspired by three British legal cases – two of which were adjudicated in England and one that was tried in the American colonies in the 1760s. The two cases tried in England, Wilkes v. Wood (1763) and Entick...

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Common and Civil law legal systems According to Zimmermann there are "as many legal systems as there are national states". Every country has its own unique legal system. However, we can allocate among them three main legal systems. These are: Civil Law, Common Law and Islamic Law. Civil and Common Laws are the most influential legal systems in the world, especially in its Western part. All three of these legal systems have existed and developed for many centuries. Further will follow the...

MOUNT KENYA UNIVERSITY SCHOOL OF LAW LAW OF EQUITY ASSIGNMENT IAN NDUNGU WAWERU DLAW/112/00101 DISTINGUISH BETWEEN EQUITY AND COMMON LAW LECTURER: MARK WAGIA Common law, defined by Oxford Dictionary, is law that is derived from custom and judicial precedent instead of statutes. Equity, on the other hand, is a branch of law, which developed alongside common law, and is focused on fairness and justice. But aside from their descriptions, there are other differences between...

Historical development of English Common Law Originally issued in the year 1215, the Magna Carta was first confirmed into law in 1225. This 1297 exemplar, some clauses of which are still statutes in England today, was issued by Edward I. National Archives, Washington, DC. English common law emerged from the changing and centralizing powers of the king during the Middle Ages. After the Norman Conquest in 1066, medieval kings began to consolidate power and establish new institutions of...

Chapter 1 Law and Legal Reasoning N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N + = A question new to this edition of the Test Bank. A question modified from the previous edition of the Test Bank. A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS B1. Laws and government regulations affect almost all business activities. ANSWER: T BUSPROG: Analytic B2. N PAGE: 4 TYPE: AICPA: BB-Legal + The...

Why we have laws- The law is a legal set of rules that the government and courts have made for everyone to follow. Without laws, confusion and chaos would occur. In extreme cases of conflict, a state of anarchy would develop. The person with the most strength will start to dominate and the weak and helpless would suffer. However, when laws are enforced, a sense of order is created resulting in a society where everyone can live peacefully. Why laws change-? Societies’ perceptions have changed...

“Equity came to supplement not supplant the common law” The Common Law includes the term equity. Equity is a system of law which is based on fairness and justice and conscience right and justice which means conscience right and what was just. It is a set of legal principles which follows the common law. It is not subject to strict rules of procedure, Equity had no strict rules or procedure and it was not bound by the principles by Stare Decisis, which means stand by your decision. It all began...

Attorney A. J. Mitchell BUSN-420-61326 Business Law Hazel G. Sturdebant OUTLINE PAPER TITLE: the common law tradition and sources of law I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or...

Common Law and Equity Prior to the Judicature Act 1873-75 on Fusion Fallacy The early development of equity categorized it as a separate system from the then existing common law. However, Lord Chancellor’s intervention gradually developed a distinct body of law called ‘equity’ which was well established by the fifteenth century. From then on, the Chancellor’s jurisdiction was exercised via what later becomes ‘court of Chancery.’ The existence of these two systems at times conflicted because of...

BIPAS – UDAYANA UNIVERSITY Law Midterm test “The influence of Common Law and Civil Law on Indonesia´s Legal Tradition” Natascha Krauss 3.11.2014 Table of content 1. Development of Indonesia´s Legal Tradition 2. Civil Law 3. Common Law 4. Influences and Impacts of Civil and Common Law 1. Development of Indonesia´s Legal Tradition This paper is supposed to outline how civil law and common law influenced Indonesia´s Legal tradition. In order to be able to...

Common law reasoning and institutions Adam Gearey Wayne Morrison This subject guide was prepared for the University of London International Programmes by:  Adam Gearey, Professor of Law, Birkbeck, University of London and  Wayne Morrison, Professor of Law, Queen Mary, University of London Acknowledgments The authors would like to thank Angela Boots and Vicky Thanapal for the preparation of Chapter 3, and Clare Williams, LLM. This is one of a series of subject guides...

Fusion or no fusion of equity and the common law at a substantive level Since the administrative fusion of the Common Law and Equity Courts after the 1873 and 1875 Acts, there has been a lot of controversy over whether to fuse both equity and common law. There are valid arguments both for and against fusion. Those arguing for the fusion of Equity and Common Law at a substantive level often comment on the inconsistency created by equity’s intervention in law. ‘There would sometimes be...

 What are the characteristics of common law system? Do you think this legal system is good enough to protect the rights of individuals and organizations? Common law, system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that was applied in local or manorial courts. In its early...

How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law, although it does not endeavour to displace it with a moral code. In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair. Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules...

[pic] THE CHINESE UNIVERSITY OF HONG KONG School of Accountancy ACY 3151 D– Company Law Preserve The Common Law Derivative Action in Hong Kong Presented to Professor C.K. LOW Submitted by Tony BAI Dongyi; Ashley CHEN Xi; Ri REN Xinyu; Zoe ZHOU Beinan 30 April 2010 Abstract This paper is a response to the First Phase Companies Ordinance Rewrite Consultation Paper Question 7 whether we should abolish the common law derivative action (the CDA) currently retained by...

The doctrine of judicial precedent is at the heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system, it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before....

Explain the difference between rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law, as define by Wikipedia, refers to law developed by judges through decisions of courts and similar tribunals, rather than through legislative statutes or...

DIFFERENTIATE COMMON LAW FROM CIVIL LAW SYSTEMS EMPHASIZING ON THE FOLLOWING POINTS: SOURCES OF LAW, PRINCIPLE OF PRECEDENTS AND THE DOCTRINE OF STARE DECISIS Our research has as an aim the task to draw lines of differences between the two major legal systems of the world namely: the civil law which may be defined as that legal tradition, which has its origin in Roman law, originally inspired by the Corpus Juris Civilis of Justinian, and as subsequently developed mainly in Continental Europe....

1.0 Introduction The common law courts only provided the remedy of damages, which in some cases was an inappropriate remedy. The writ system was also slow to respond to new types of action and had many "loopholes". (Keenan, 1993) This weakness in the common law system lead to the development of equity. (Kelly, 2002) Ways in which the law of equity supplements the common law will be further discussed in this assignment. 2.0 Common Law Prior to the Norman Conquest of England in 1066, there was...

INTRODUCTION TO BUSINESS LAW The Law of Tort Core Reading: Lucy Jones, Introduction to Business Law (Oxford University Press, 2011). Chapter 11 on The Tort of Negligence (Refer to pages 340 – 374). Please note that we ARE NOT going through every single areas in relation to negligence. For instance, the area on nervous shock. Aims and Objectives: -  To enable students to appreciate the general law of tort, especially the concept of negligence;  To understand how this area...

Law and Society : Chapter One Notes We live in a world governed by law. No matter what we do, the legal system and its laws are part of everyday life. Our legal system strives to represent principles Canadians believe in and each generation influences the legal system by changing existing laws or bring in new ones. In 1982, for example, the Government of Canada enacted the Charter of Rights and Freedoms that guarantees certain rights to all Canadians, regardless of their age, race,...

Part A. 1. Conditions that give rise to law reform Changing social values: The values of societies change over time. Society is forever changing values which then place’s pressure onto the law to change and adapt over time. What is seen as as acceptable may not be considered acceptable at another time. The urge for tougher sentencing in law reform may satisfy the deserved aspects of punishment, but harsher penalties are not statistically shown to reduce crime rates. Thus in seeking to promote...

Discuss the differences and similarities between the English Legal System with the legal system in your country “The term ‘law’ is used in many senses: we may speak of the laws of physics, mathematics, science, or the laws of football. Law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state.” (Barker,D.L.A, 2007,P.1). Legal system is one of the most important ways to preserve one country’s peace. This essay will introduce the differences and...

Role and Functions of Law LAW/421 Introduction Law is a critical piece of business and society. It puts boundaries on behavior and allows the public to operate in a safe and healthy manner. Law allows our government to regulate criminal and civil proceedings and dictates what we distinguish as right and wrong. The United States Constitution endorses a society that runs efficiently. In order for our society and businesses to be efficient, the law must be understood and implemented....

Hindu law in its current usage refers to the system of personal laws (i.e., marriage, adoption, inheritance) applied to Hindus, especially in India.[1] Modern Hindu law is thus a part of the law of India established by the Constitution of India (1950). Prior to Indian Independence in 1947, Hindu law formed part of the British colonial legal system and was formally established as such in 1722 by Governor-General Warren Hastings who declared in his Plan for the Administration of Justice that "in...

Importance of having written law in the society It is important because rules need to be established in case someone breaks them (and people tend to). If they aren't written, smooth-talkers will be able to talk their way out of punishment while less charismatic people will be punished more severely, and some judges will be far kinder than others (warning versus jail term). It is also harder to say "we need to punish domestic crimes more severely" when there is no set rule or punishment. Simply...

 Task 1 The question deals with the issue of of promotion of Y Limited by X Limited(the directors are same in both of the companies according to the article of Y Limited) with the breach of pre-incorporation. After the incorporation of association company comes in existence, and starts its business after that. Before incorporation company have no legal existence, and if enters into an agreement in the name of company before incorporation, the agreement would not be valid. The corporate...

Evolution of Law The government our nation has established today has come a long way from its roots. Starting with the Napoleonic Code and eventually ending with the Ratified Constitution of the United States. Rome came to England bringing the Roman Code, thus law begins. The Roman Code was a rigid code that in reality did not change much. It required ample detail and was difficult to understand at times. For example, if there where five different murders all using five different colored...

Infliction of Emotional Distress I. Introduction: A. Attention-Getter: The law must be stable, but not stand still. -Roscoe Pound- B. This morning I will speak about the Intentional Tort Law of Infliction of Emotional Distress. D. Thesis: Infliction of Emotional Distress is a tough case to hold trial, as there has to be repeated occurrences like stalking. Transition: Now I will explain why Intentional Infliction of Emotional Distress is a tough case to hold trial. II. Discussion:...

The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. Dicey did not invent the idea of the rule of law but he popularized it in the late nineteenth century. His book,...

Are we right to use the term ‘sports law’? What does it mean and why should we consider it to be important. The existence of the subject ‘Sports Law’ has been debated for a number of years now and there are two different schools of thought with regards to the term ‘Sports Law’. Some commentators refer to ‘Sport and the Law’ arguing that there is currently no topic than can be referred to as ‘Sports Law’. Grayson, who many consider the father of ‘sport and the law’ states that ‘No subject...

LLM CANON LAW 2nd year Essay 4. What is the civil law on abortion and is this at odds with the Roman Catholic canon law? Introduction The word abortion comes from the Latin ’aboriri’ meaning to miscarry, where pregnancy ends too soon and the baby dies. The Abortion debate has become one of the most divisive and contentious issues of our time. Garlikov is of the opinion that once those for or against abortion reflect with more rationality,they will...

LAW TUTORIAL QUESTIONS Tutorial 1 1. Explain: (a) international law (b) legal rights (c) legal duty (d) public international law (e) private international law 2. Explain the differences between civil law system and common law system 3. Explain: (a) Convention (exam) (b) Treaties (exam) (c) International Organization (d) State (e) Non-Governmental Organization (NGO) (f) MNE & TNC (g)International Person 4.What governs the relationship in International Trade?...

1. Outline the sources of Irish Law * History sources of law * Common Law * Equity Example of the many maxims: i. Those who seek equity must do equity. ii. Equity looks the intent rather than the form. iii. Those who come to equity must come with clean hands. iv. Equality is equity. * Legal sources of Law: There are five legal sources: a. Legislation (Statute Law) b. Subordinate Legislation c. The Irish Constitution 1937 (Bunreacht na hÉireann)...

Animal law has been taught in at least 119 law schools in the U.S., including Harvard, Stanford, UCLA, Northwestern, University of Michigan, Georgetown, Duke, and Lewis & Clark and is currently taught in at least 117 schools.[8][9] Animal law is also currently taught in 7 law schools in Canada.[8] In the U.S. there are Student Animal Legal Defense Fund (SALDF) chapters in 132 law schools, with an additional seven chapters in Canada. SALDF chapters are student groups that are affiliated with the...

Many Continental European systems use the "civil law" method. Under that system, all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side's view, he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also, do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment, in addition...

Introduction to Law I.BASIC CONCEPTS............................................................................................................... 3 1.WHAT IS LAW?......................................................................................................................... 3 Do' s and DonÆts .................................................................................................................. 3 Is and...

Chapter 1 – Prevention Philosophy 1) The best definition of “litigation” is? a. When a lawsuit ends b. The bargaining between management and union representatives c. A lawsuit between the government and a hospitality manager d. The act of initiating and carrying out a lawsuit 2) The best definition of “Civil Law” is? a. All legal action that occurs based on laws that were written before the Civil War b. Derived from common law c. Is interested in precedent, or what has been decided...

PART I. Introduction England's contract law is consisted of several laws and they can not be written or at least explained in a student's assignment, which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote "little differences " because, Cyprus is...

Law & Ethics Law and ethics can take many twist and turns. This paper will focus on why law is not an exact science. It will show the root cause of this fact is because ethics and law go hand in hand. Final it this paper will define the implications of healthcare. At the end of this paper, the reader will understand the relationship between healthcare laws and ethics.   Most people that work with laws on a daily basis understand that it is not an exact science. Law is not an exact science...

Civil Law Marina Ozuna, Sophia Rivas, and Liz Gibson University of Phoenix Futures of Criminal Justice CJA 483 Lyle Martin March 2009 Civil Law Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. Civil law as a legal system is often compared with common law. The main difference that is usually drawn between the two systems is that common law draws abstract rules from specific cases, whereas civil law starts with abstract rules, which...

Introduction Rule of law is a legal principle that its ideal is started long before 16th century England. The Oxford English Dictionary has defined "rule of law" this way: The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes. Hence, it implies the idea of each...

Answer 1(a) Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases, which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However, not all of England’s common...