Essays on Common Law

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating

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William the Conqueror (about 1027-87) – was the King of England from 1066, of the Norman dynasty`s origin. From 1035 – was the Duke of Normandy. Having strengthened the ducal power in Normandy, he managed to create a strong, well-trained army of heavy knights and infantry (about 10 thousand people). In 1066 he landed in England and defeated the Anglo-Saxons army of King Harold II at Hastings – “William's path to the throne was clear” (“William the Conqueror. Biography”). Accession to the throne of William the Conqueror marked the beginning of a constructive period in the history of England. The accession

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English Law

Introduction

Every country in the world develops its own legal system. There are no identical legal systems. This applies even in countries that are very close nationally, economically, geographically, and even socially. There are Western legal systems, systems of Asian legal systems of the people of Africa among others. By meaning in the history of legal systems, we have to distinguish continental and Anglo-Saxon system. The Anglo-Saxon system developed independently without significant influence Roman law. The Anglo-Saxon system first developed in England and thereafter spread in English-speaking countries. The Anglo-Saxon legal system, unlike continental, was not insisting on the

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Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating

Continue reading...

English Law

 In the construction of legal system science is used as the basic material of general legal norms , as they are a source of law . Existing general legal norms are grouped with each other in a narrow group of norms governing the relations of the high degree of similarity. These groups are called norms of the institution or institutions . Institutions are the first level of connectivity of legal rules , but not the only one. The next level of connectivity is based on grouping of legal norms that regulate broader legal issues , ie . legal relations lesser degree of similarity , but similar

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Australian vs. US Legal Systems

Australia is a commonwealth nation and follows the common law legal system. The Australian legal system is based on the protection of common held beliefs and values of the community in addition to upholding the democratic principles. Over time, the Australian legal system has developed in many aspects that include customs, rules, common law, and customary law among others. The Commonwealth of Australia is ruled under a federated constitutional monarchy whereby powers are divided among the territories, states, and the federal government (Marcus, and Waye, 2010). With the strong common law legal system, the aspect of separation of powers

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