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 of precedent is
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PUBLIC INTERNATIONAL LAW Name of the Case: SADC Asylum Case (Asante/Gopenia) Year of the decision: 2014 Court: SADC Tribunal Legal Issues before the Tribunal: 1. Is Asante competent‚ as the country that grants asylum‚ to unilaterally qualify the offence for the purpose of asylum under treaty law and international law? 2. Was Gopenia‚ as the territorial State‚ bound to give a guarantee of safe passage? The Tribunal’s Decision: As a point of departure‚ Article 38(1) UN Charter provides
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Aviation Law and Space Law Aviation Law -Air space – customary law since First W.W. That aircraft from one state have right to fly over the high seas‚ but never over territorial sea of another state -Art.1 1944 Chicago Convention on International Civil Aviation: “every state has complete and exclusive sovereignty over the space above its territory” -It is a serious breach of international law for a state to order to violate the air space of another state (for e.g. USA military aircraft attacked
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FOUNDATION IN LAW – 2013 English Legal System Assignment Yong Suan Kai Question 1 (a) Briefly explain the history of the English common law prior to the Norman Conquest in 1066. (5 marks) (b) State the developments of the common law after Norman Conquest in 1066. (6 marks) (c) Explain the drawbacks of the common law system in England and Wales. (7 marks) (d) What are the effective developments that have taken place to overcome the problems faced by the common law system
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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process of determining whether a law falls within one of these heads of power. • The question is whether the law relates to the subject matter or purpose of the heads of power in a way that allows it to be described as a law “with respect to” that head of power. • Simplest view of ‘characterisation’& the judicial review of legislation encapsulated by Roberts J in United States v Butler (1936) United States v Butler (1936) • Legalism - Engineer’s case (1920) – assumed that the question
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their cases will be decided fairly and in accordance with the law. When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources. It could arise from improper pressure by the executive or the legislature‚ by individual litigants‚ particular pressure groups‚ the media‚ self-interest or other judges‚ in particular more senior judges. Why is independence important? It is vital that each judge is able to decide cases solely
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Law of Tort Ian Yeats Paula Giliker Mary Luckham 2005 LLB BSc Accounting with Law / Law with Accounting BSc Management with Law / Law with Management 2660001 2770201 2770201 This subject guide was prepared for the University of London External Programme by: Ian Yeats‚ MA (Aberdeen)‚ BCL‚ MA (Oxford)‚ Barrister‚ Senior Lecturer in Law‚ Queen Mary College‚ University of London. Paula Giliker‚ MA (Oxon)‚ BCL‚ PhD (Cantab)‚ Barrister at Law‚ Fellow and Senior Law Tutor‚ St Hilda’s College
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When are we justified in breaking the law? In the case of Socrates I believe him breaking the law was justifiable‚ although I don’t believe what he did was really breaking the law especially today in modern government. Today we are free with our speech‚ press and free to do what we want within limitations of laws. According to Mill “The only freedom which deserves the name‚ is that of pursuing our own good in our own way‚ so long as we do not attempt to deprive others of theirs‚ or impede
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Classification of Laws An important method of classifying law is according to the system in which it is created. • common law Rules of law created by the courts through judicial decisions. Courts “make law” as part of the process of deciding cases and controversies before them. The case law created in this process is based on a doctrine known as stare decisis. This doctrine is based on the notion that prior decisions provide guidance that should be followed in subsequent cases involving the same
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