Unit 1 Assignment Common Law Common law is based on the bible‚ stare decisis and precedent. Basically what this means is that common law is recognized as law even if it is not actually written in the books. For example common law marriage is recognized when a couple lives together for so long even if they do not have an actual marriage license(Miller & Jentz‚ 2010). Jurisdiction Jurisdiction is the authority of the court to hear a case. For example federal court hears federal laws‚ where
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Reflection: Common Contracts Kristin Moore‚ Linda Jessie‚ Susan Snow‚ and Sarah Viray 3-6-2015 Law/421 Andrew McAdams In a typical person’s lifetime they will encounter many situations where they will enter into a contract with someone else. There are many different types of contracts that we may enter into‚ some knowingly and even some unconsciously. Buying a car with financing is a type of loan‚ entering into a new work place‚ and even getting a haircut is a type of contract. Common Contracts
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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 description
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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 adjudicate
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TUTORIAL 1.Compare and contrast civil legal system and common legal system Legal system is a legal framework which relates to the rules set by the government of a state to the citizen. DIFFERENCES | CIVIL LEGAL SYSTEM | COMMON LEGAL SYSTEM | Origins | -Arbitrary (berubah2)- origin in Roman law‚as codified in the Corpus Juris Civilis of Justinian‚ and as subsequently developedmainly in Continental Europe | -Evolutionary-the legal tradition‚ which evolved in England from the 11thCentury onwards
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Romano-Germanic Civil Law and the Anglo-American Common Law. This short essay seeks an answer to the differences between two fundamentally different legal theories or systems. The original difference is that historically‚ civil law was developed out from the Roman law of Justinian’s Corpus Juris Civilis. Trough the enlightenment‚ local compilations of legal principles recognized as normative were gathered to create the codification of the Civil law. Whereas‚ common law was developed by custom. It was applied
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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 legal systems‚ however‚ common law in
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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 England
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Garrett Hardin’s Tragedy of the Commons 2) The Tragedy of the Commons is an economics theory by Garrett Hardin‚ which he believes that the depletion of a shared resource by individuals‚ acting independently and rationally according to each person’s self-interest‚ will affect the group’s long-term interests by depleting what is known as the common resource. This article has evoked a lot of strong emotions in myself mostly fear due to what basically Hardin is telling us is the past affects the future
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