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 etc
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I. Introduction to Property Law (1-12) Restatement View of Property 1. The legal relations between persons with respect to a thing. a. Thing may be an object with a physical existence or an intangible object. 2. Bundle of Sticks – each stick represents a right a. Posses‚ use‚ manage‚ consume‚ destroy‚ modify‚ alienate‚ etc Classical Perspectives 1. Occupation - one of the natural modes of acquisition a. Taking possession of property of no man with the intention of keeping it (sometimes
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COURSE : LAW (ENGLISH LEGAL SYSTEM) QUESTION 1. Equity has made the law more fair. Discuss Equity can be defined in a technical sense as a branch of law administered by the court of chancery before the passing of the Judicature Act (1873-1875) with a view of supplementing the common law rules. Equity developed because of the problems of the common law. The word ’equity’ has a meaning of ’fairness’ and this is the basis on which it operates. The existing law as at the time equity arose
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have studied and suggested what factors drive growth. Due to the important role played by the law in the finance sector‚ economist and policy makers argued that the legal system can have a major influence on a country’s economic prosperity. This leads us to the main topic of this research essay. The aim of this essay is to compare the strengths and weaknesses of the common law system with the civil law system with reference to economic prosperity. The first section will explain the connection between
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Employment Law Outline General Theme for Regulating/Not Regulating: Structure of Legal Responses to Problem 1. Economic Rational a. Inefficient for government to intervene b. People best at knowing what they want (rational beings) 2. In balance of information between employer/employee (safety) 3. Power inbalances a. Employees may have no other options (captive) b. Employers have more power in general 4. People are irrational‚ don’t know what is best for them 5. Social cost to society from “rational”
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General Intro to Law Essay Outline Summary of the Case: -The Roffey brothers agreed to a contract with Shepherds Bush Housing Association stating they were going to renovate 27 flats in Twynholm Mansions in London. -The Roffey brothers subcontracted the carpentry to Lester Williams for £20‚000 which included a payment plan. -Part of the job was done. £16‚200 was paid. -Lester Williams ran into financial difficulty. The price was too low. -Now the Roffey Brothers were in trouble because
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INTERNATIONAL LAW OUTLINE I. THE TYPES AND SOURCES OF INTERNATIONAL LAW Statute of the International Court of Justice: (Article 38) The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply: (a) international conventions‚ whether general or particular‚ establishing rules expressly recognized by contesting states; (b) international custom‚ as evidence of a general practice accepted as law; Determining custom: The general
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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 as
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State Action requirement The Constitution does not generally apply to private entities or actors; there must be a state law passed or action through officers or agents of the state‚ which is adverse to the rights of the citizen seeking our adjudication. The Civil Rights Cases. COMEDOWN: While the state action doctrine may have serious costs: absent statutory restrictions‚ private conduct can infringe or trample even the most basic of rights‚ this court likes the state action doctrine because
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Equity In accounting and finance‚ equity is the residual value or interest of the most junior class of investors in assets‚ after all liabilities are paid; if liability exceeds assets‚ negative equity exists. In an accounting context‚ shareholders’ equity (or stockholders’ equity‚ shareholders’ funds‚ shareholders’ capital or similar terms) represents the remaining interest in the assets of a company‚ spread among individual shareholders of common or preferred stock; a negative shareholders’ equity
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