CLASS NOTES By Leslie A. Beck COMPARATIVE LAW CIVIL LAW VS. COMMON LAW AREAS OF COMPARISON Differences that you should be aware of Property Law Sources of law and method of judicial reasoning Property Law Civil Law You are either the absolute owner‚ or you are not. 3 components of absolute ownership usus (latin term) i.e. use Right of use fructus ie. enjoyment of revenues Right to enjoy revenues abusus ie disposal Right to dispose of that thing dismemberment This does not mean that the absolute
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as a body of rules‚ created by the State‚ binding within its jurisdiction and enforced with the authority of the State through the use of sanctions. (Adams; Law for Business Students) Breakdown of the definition: - Rules: are commands regulating behaviour; rules tell us what we can and cannot do. Legal Sources -Rules of law are derived from various sources in English Law. These include‚ The Constitution of Jamaica‚ legislation‚ judicial precedents‚ certain ancient textbooks among others. The
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that seeks to award damages in most cases. 5. A plaintiff is a person against whom a lawsuit is brought. 6. A decision on a given issue by a court is not binding on an inferior court. 7. Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions. 8. A court may depart from a precedent if the precedent is no longer valid in view of changed technology. 9. Common law is no longer a source of legal authority. ____ 10. A substantive law creates or defines
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2. Equity 3. Customary Law 4. Religion 5. Criminal Law 6. Civil Law 7. International Law 1) COMMON LAW (also known as LAW OF PRECEDENTS) * Common Law if a legal system that is largely formed by the decisions previously made by the court and similar tribunals. * It is also known as Case Law or Law of Precedents. * It is developed by Judges through decisions of courts. * It binds future decisions. * It is based on the principle that it is unfair to treat
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three English courts—King’s Bench‚ Exchequer‚ and the Court of Common Pleas—which competed successfully against other courts for jurisdiction and developed a distinctive body of doctrine. The characteristics of common law system are: -There is not always a written constitution or codified laws; -Judicial decisions are binding – decisions of the highest court can generally only be overturned by that same court or through legislation; -Extensive freedom of contract - few provisions are implied into
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serious implications for violations. Folkways- less formal with lower implications for violations. Natural Law- a system of law that is determined by nature‚ and thus universal. Used to analyze human nature both social and personal- and deduce binding rules of moral behavior from it. Positive Law- used to describe man-made laws which oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Legal Positivism- is the thesis that the existence
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scenario means it’ll be deleted.) Is there a binding contract for SYD before this BNE condition is fulfilled? (Can be condition BEFORE duty to perform obligation of the SYD sale‚ or the main obligation is conditional on the smaller obligation‚ condition precedent to the duty to PERFORM the actual contract) (1) Is the condition a condition precedent to the existence of a binding contract for the purchase of the Sydney property? No‚ intended to be binding before condition fulfilled‚ something to
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of non –statutory laws‚ which are the precedents derived from judgments given on real cases by judges. Law of Equity resolves disputes between persons by referring top principles of fairness‚ equality and justness. In these cases‚nothing was done against the law by the parties to dispute‚ but their rights are in conflict. Thus‚ it is different from law‚both the Statutory Law enacted by Parliament and State Legislatives and Common Law which consists of precedents and opinions given on real cases by
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Chapter 2 Understanding the Australian legal system Chapter 2 | Understanding the Australian legal system 1. 2. 3. 4. The Australian Constitution The legislature The executive The judiciary The Australian Constitution Chapter 2 Understanding the Australian legal system Structure of the Australian Constitution Table 2.1 Federal / State relations Exclusive powers Concurrent powers Residual powers Federal Parliament only Federal and State Parliaments State Parliaments only Examples Customs
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interpretation about statutes. This kind of law is based on the doctrine of precedent‚ that is‚ the judges should follow their decisions and the decisions of other relevant courts in similar cases. There are two kinds of precedents: binding precedent and persuasive precedent. In respect of binding precedent‚ the lower court has to follow the decision from the higher court in the same hierarchy when the cases are similar. However‚ in persuasive precedent‚ the courts do not have to follow other courts’ decisions
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