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 tradition? 31 Substantive law and procedure
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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 legal systems‚ however‚ common law in
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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 all nations
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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‚ legislation‚ and European law. In the
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Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
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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 Discuss the
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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 take
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establishment of the common law. The Courts of Exchequer was a court originally dealing with disputes involving revenue‚ taxation and revenue laws. The Court of Common Pleas was where pleas between subject and subject were brought. And the King ’s Bench heard actions to which the King was a party. The common law however‚ had a number of defects. The inflexibility of the writ system appeared to lead to injustice because matters that were not within the scope of writes recognized by the common law were dismissed
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The word ‘equity’ can be seen to have a wide range of meanings- to many it is a synonym for ‘fairness’ or justice’. Those within the legal community recognise equity as the body of rules developed and applied by the Court of Chancery; a court previously presided over by the Lord Chancellor with rules developed under his authority. The law of equity developed due to the inflexibility of the common law. Before the development of equity‚ The law was rigid (which was often cited as a weakness) for example
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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; your
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