Essays on Common Law

Business law

The tradition of common law emerged during the middle ages in England and was applied across continents within colonies. The common law is based on judicial decisions and exemplified in the reports of previously decided cases which has continually been administered by the English courts of common-law since the Middle Ages. The common law is largely uncodified; implying that there is no ample compilation of legal statutes and rules. Although it relies on some disseminated statutes; legislative decisions, the common law is heavily founded on precedent. This implies the judicial decisions which have been made in previous cases. The ...

Assignment # 1

The most appropriate charges for Mason and Wooster are imprisonment. Imprisonment would work for them since they are young people whose behavior is easy to mend by instilling fear in them by jailing them and introducing them to the other hardcore criminals for their behavior to be streamlined. The involvement of the hardcore criminals would be to the threaten Mason and Wooster as molestation is common in jails. The code section that applies here is theft under chapter 15. It is most applicable as they would acquire the products would harm the owners business wise. The common law applicable ...

The greatest challenge facing law enforcement agencies in investigating the exploitation, cyber stalking, and obscenity is the interconnected nature of technology that forms the internet, making it a global problem. It implies that various cyber crimes have spread to an extent beyond the control of these enforcement agencies. The regional agreement like the Europe convention on cyber crime has thus failed to keep pace with the rapid technological advancements hence leading to their imperfection (Clough, 2012). The conventions in the form of regional agreements are also not a model law as others argue it out. However, they are just framework ...

Introduction

The law of contracts is largely based on three set areas of law. The most ancient of these, and arguably the founding principles are based on common law. The second and the more specific governing laws are found on statutory provisions which may be different from one jurisdiction to another. The third area of law that offers substantial amount of fairness in the United States is the Uniform Commercial Code. Finally, with global commercial transactions becoming a key determinant on the general global economy, there are the more general laws of contact put forward by the United Nations called the ...

Introduction

Known as precedent or case law; judges developed common law through their tribunal decisions. Practically, common law systems are legal systems that render more weight to common laws based on the fact that it is fair enough to deal with similar incidents in the same way. Common law applies mostly within the jurisdiction. Judges write down their viewpoints about different cases that bind lower courts in that jurisdiction to create common law. Property, torts and contracts are the basic foundation of the common law. Generally, common law is defined as a legal system created by the decisions previously made ...

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 the ...

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 of William had ...

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 ...

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 the ...

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 enough to ...

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 lies between the ...

And Civil Law

This paper is aimed analysing the differences between common law and civil law in the UK and other European countries. It will also explore the theory behind the development of these laws and the segments of society that they cater to.

The Common Law v/s Statute Law Conflict

Collin put forth a viewpoint that the increased collision between public law and contractual practices has led to a disintegration of the former, resulting in the need to revise the private so that it is in tandem with the public and welfare legislation1. However, private laws and public regulation are governed by doctrines that are very different in their basic ...

The difference between Civil Law and Common Law is that Civil Law is governed by statute, and Common Law evolved over the course of millennia from judicial tradition, earlier legal codes, tribal laws and mores and written and oral traditions. Common law is derived from customs and civil law by statutes. Under Civil Law, the main source of the law is legislation and under Common Law, prior judicial decisions are the determinant. In the United Kingdom, Common Law is the general standard and predominant form of justice and court proceedings. There is a body of Civil law as well it ...

A common law marriage is a union where a man and woman live together as a married couple would, but do not have a marriage certificate or license showing that they are legally married (Lind 1). Common law marriage is also known as informal marriage, or marriage by habit. There are many nations and states of America that have still not accepted this kind of marriage. However, a few nations such as Canada recognize such marriages and have provisions in their constitutions to regulate the way these types of marriages are handled. Research carried out in Canada shows that there has been a steady ...

The step-wise process by which the “infield fly rule” evolved

The origin of infield fly rule cannot be separated from the origin of baseball. The first organized game of baseball was played in1845 by Knickerbocker Base Ball Club from New York. The rules at the time allowed the game to be played by gentlemen i.e. rich men only. The objective of playing the game was not to win but to exercise. The initial attitude of the game resembled that of British cricket spirit. This attitude could not overcome the challenges of the unwilling soil of New York. Baseball grew in reaps and bound in the years that followed its ...

Issue: The case of Molly and Shane submits the question whether the New York Surrogate court must recognize their common-law marriage, established in Michigan twelve years ago, and what should be the consequences after that marriage is ended. Rule: The Rule that has to be applied to this case is the text grounded in Article IV, Section I of the United State Constitution, known as “Full Faith and Credit Clause”. Application: Molly and Shane lived together for twelve years in Lansing, Michigan. During that period Molly and Shane referred to each other as “my husband” and “my ...

Introduction

With globalisation, the rule of law, the dictates of democracy and the need for human rights and freedoms have quickly gained currency in the entire globe. Civil activists, donor community and the United Nations continue in their clarion call for the rule of law and natural justice to prevail. In that context, countries continue to embrace progressive legal regimes that facilitate proper law making and enforcement. Indeed, the law occupies a central position in ensuring justice, peace and cohesion in societies. It remains the only determinant of conflict resolution mechanisms that is fair and just to every citizen. However, even ...

Abstract

In the present paper, the issue of American Justice System is discussed in the framework of common and statutory law. Particular emphasis was placed on the differences between statutory law and case law on state and federal levels. The common features of the American common law system were outlined. The main system of justice in Texas was analyzed from the perspective of its differences from the common tendencies on the federal level.

Key words: system of justice, common law, precedence, death penalty, Texas.

Justice System in Texas

System of justice in the United States has its origins in the British system based on ...

Statutory interpretation is the process by which courts and judges give meaning to enacted legislation and consequently apply it to a particular case. In the English as well as the Wales legal system, the doctrine of separation of powers prevails whereby Parliament is the supreme law maker. The Executive is charged with the responsibility of implementing the legislation as passed by Parliament while the Judiciary is the final arbiter which interprets legislation as enacted by Parliament. Thus, in tandem with the doctrine of separation of powers, the courts must keep within their ambit and ensure they do not arrogate to ...

Introduction

Globalization has brought with it changes in almost all spheres of life and especially in the criminal justice system. The criminal justice system consists of the law enforcement agency, the courts as well as the corrections department. In essence, the main purport of the criminal justice system is the administration of criminal justice. Owing to globalization, the system is finding it increasingly challenging due to emerging forms of crime on both the international, transnational as well as the domestic front. Further challenges include those of tackling these new forms of crime and the issues of international cooperation with other ...

Common law is based on the doctrine of judicial precedent. Judicial precedent is a principle which asserts that a rule made in previous case should be the basis of a legal decision of another case that is similar to it (Holmes 48). The principle of common law is that giving contrary judgments to two similar cases is unfair. This general principle is known as stare decisis which mean that a judge in determining a given case is bound by the decision of a similar preceding legal case (Michael 69). Judges usually develop this law by an analysis of various similar cases to decide the common ...

Introduction

Business ownership and management play a vital role in the progress and development of a company. Certainly, there are different types of entities that follow particular policies of formulation and establishment. The Acme Fireworks is a special type of company considering changing its entity from the sole proprietorship. There are special laws that govern business contracts. Primarily, Acme will have to choose whether to go for those contracts governed by the Uniform Commercial Code (UCC) or the Common Law. The new business relationship that the company will enter requires a change in its entity formation, particularly because of the consideration of the laws. ...

Dicey was an incredibly important figure in the development of the Rule of Law in contemporary Britain. The Rule of Law, in a modern context, has been developed through many different societies; however, the liberal understanding of the role of government and law in British society today is very much the result of Dicey’s philosophical input. Dicey suggested that individuals cannot be punished in any way unless they have committed some sort of transgression against a law that has been established by the rightful government and Courts in the realm. Dicey also suggested that an important characteristic of the Rule ...

Business Ethics Antitrust Law

Business Ethics Antitrust Law

Introduction

The antitrust laws aim at ensuring that all businesses in a given market play by the same rules. This is so because businesses in a free market may achieve the near-monopoly status via their own merits such as creating better production processes, offering the best quality service and decreasing costs among others. However, antitrust laws set vivid boundaries for fairness in the business by prohibiting practices that control free trading. It also restrains dominant firms from abusing their market position. The antitrust laws offer regulatory review of business mergers, acquisitions and joint ventures to ensure they do ...

Introduction

This paper contains two parts. Part of this paper offers a brief explanation regarding the role of the directors in a company. This part specifically discusses the reason behind the existence of the directors of a company’s duty to prevent insolvent trading. It also discusses the circumstances and the results after the court lifting the veil of incorporation for the wrong of insolvent trading upon a director of a company.

Discussion

Directors of companies are under a duty under the Corporation Act provisions and the common law to prevent companies from incurring debts while they are insolvent. At common law, the director’s duty to ...

The Situation

Regarding the chance hypothetically that you enter into a contract agreement with a job it is important to be aware of what this contract is legally binding you to. In this situation the contract in question will be regarding the fabulous hotel that hired a person as a head chef with a two year employment contract. When those two years were complete another job offer at a different hotel is presented to this person but there is one problem, and that is the employment contract at Fabulous hotel that was signed stated in it that, “The below-signed agrees not to work as a chef for another ...

Introduction

The USA criminal justice system refers to all the local, federal and state public agencies that handle all crime-related matters. The agencies treat suspects, defendants, and even convicted criminals. All the bureaus are interdependent as the decisions of one agency affects the other agencies. The major components of the justice system include the courts, police departments, and the correction facilities. Moreover, the fundamental structure of the system stems from the judicial, legislative and executive wings of the government. Assess the Impact of Globalization on the U.S. Criminal Justice System. Globalization refers to the integration of various global ...

Victoria University-College of Law and Justice

Acceptance under Australian Contract Law - Introduction - Laws of Contracts In a discussion paper by the Australian Government it has been rightly observed that “Australia’s system of contract law is based on English common law as developed by Australian courts. These common law rules are supplemented by equitable doctrines, Commonwealth, State and Territory statutes and international law instruments. The terms of contracts themselves also guide the parties’ expectations and performance”. It goes without saying that the laws of contracts are the most important branch of business laws. - Elements of Contracts The formation ...

Compare European law to UK law

In view of the difference in legal systems and the way in which different countries operate their property market, examine how Great Britain may not sit well in the European Community. Most legal systems of the world are based on two dominant legal traditions which are Civil Law and common law. This makes the basis of how countries operate differently in many areas. Because of these inherent differences the influence can be phenomenal. The basis of property law in Great Britain is based on common law principles which are supported by statutes, the law of property Act ...

Countries where type of law is dominant

Characteristics How Disputes are Settled How Cases are Handled

Civil law South America, South Korea and Japan Relies primarily on written, detailed codes, or collections, of law that can trace their origin to Ancient Rome. The judges have little discretion as regards changing the law. Disputes are resolved between the disputing parties, failure to which an elders are used to resolve the disputes

A judge works with a prosecutor to compile a written document on a case and other judges read the dossier and base their judgment on its content. Witnesses are also requested to ...

The United States law is composed of many levels of forms of law. “Of all these forms of law, the most significant one is the Unites States Constitution and the federal government of the United States “(Hess, 2011, p. 57). The constitutional law and the federal law are most supreme. Federal law constitutes of criminal law. However, federal law is considered inferior as compared to the constitutional or state law, and hence, the state law may have more impact. Sources of criminal law include common law, criminal statutes, and model penal code. Common law is where past judgments ...

Introduction

A trial by jury or jury trial is a legal process in which a jury either makes findings or decision of fact which are then applied by a judge. It is distinguished from a bench trial, whereby a group of judges or a judge make all the verdicts. The jury trials are utilized in a substantial share of grave criminal cases in all common law legal methods and lay judges or juries have be incorporated into legal systems of many civil law nations for criminal cases. Only the Canada and the U.S. make practical application of trials in a wide diversity of non-criminal cases. Most common law ...

The law of property act of 1925 is among the Acts that were designed as part of the integrated legislative program initiated by Lord Chancellor Lord Birkenhead between the year 1921 and 1925 (Beale Jr. 1907). This piece of legislation primarily concerns itself with the transfer of property. In law, the word property is synonymous with the word land. There are many reasons that explain why land is the most fundamental kind of property in society. The provisions relating to the law of property are principally concerned with the transactions on matters of land, most prominently leases and deeds. ...

Virtually all laws that govern today’s civilization draw their influence from the England and Wales. The laws in these countries were arrived at through tribunals and precedents made by judges. The precedents are also known as case laws. These are previous legal decisions arrived at by judges which are used in similar subsequent scenarios or instances. They were also informed by the then governing customs societal norms. These laws provided for the protection of individuals and property. These laws were known as common laws. Common law made way for civil law that also draws its roots to England ...

The origin of whistle blowing can be adduced back to the provisions that are brought to book in common law. Common law referred to the laws that were enacted to protect affairs of people in medieval times. They were based on the common principles that guided the affairs of people. It is from this instance that whistle blowing was devised. As a common phenomenon, most employers were acting in a manner that can better be described as ultra vires in the exercise of their duties. In essence, whistle blowing was devised as the position that could act as a guide and a means ...

Introduction - Director’s duties

Even though the law recognizes corporations as separate and distinct entities from the owners, it nevertheless recognizes that corporations act through people. Such people are referred to as directors and manage the activities of a corporation. In Lennard’s Carrying Co. v. Asiatic Petroleum Co. Ltd, the court observed that directors are the directing mind and will of the company. Accordingly, directors of a company act for and behalf of the company, and as such owe several duties to the company. These duties are at common law and also statutorily provided for. In the U.S., there is no single statute ...

Abstract

This paper assesses the manner in which laws are made/enforced in the UK and Germany, including the identification of similarities and differences. It includes a discussion about the nature of laws in both countries, coupled by a detailed discussion of the law-making processes. The paper holds that Germany’s system encourages collaboration among different agencies, while the federal system allows the individual law enforcement forces to be more robust and efficient. On the other hand, the UK system’s strength lies in the long-established common law system as well as centuries’ old administrative systems (including the crown), which make law-making and ...

The concept of consumer protection can to be summarized as all efforts in developing structures and legal responses to outrage and crises developed by consumption of substandard products. Americans have in the past been subjected to consuming products that are a dangerous to the health. Once the dangerous nature of such products is known to the public, public outrage is usually the first response and such outrage is usually directed at any form of government, either federal or state. To this end, several government agencies and bureaucracies have been developed to address protection of consumers. These agencies have either federal ...

Malaysia is located in Southeast Asia at a major crossroad. It has been a route for trade from China, Europe, and India. The region experiences tropical climate and natural resources, which has made it a destination for immigrants. This is how the indigenous people of Malaysia settled here. These were followed by the Malays, who brought farming using metallic tools. Arab traders introduced Islam in Malaysia while Indians brought Hinduism. The Europeans brought major changes in Malaysia. Portuguese tried to capture the region but the Europeans resisted resulting to sovereign states of Malaysia. The Dutch in turn defeated the Portuguese until the ...

Introduction

Security is any effort taken to ensure protection of persons or property from harm or any form of destruction. The concept of security evolved as the society evolved over time. In the old ages, security was only an issue of personal safety, but as societies became more complex so did the introduction of property and ownership. Property has evolved be anything from digital property to money, valuables, corporations and intangible property. This complex ownership structures present new security concerns. While in early ages the society relied on unwritten behavior and rules to exert security, this has since changed to ...

Should Punitive Damages Be Introduced in International Law?

Introduction Different countries often have different legal policy in both their criminal and civil law systems. These differences often arise from differing social, economic, and political climates that lead to fundamental policy differences. In the area of civil the law differences in legal systems of different countries often reflect the individual countries’ beliefs as to the types of claims that should be recognized. Furthermore, legal systems across the globe often differ about the types of damages they are willing to recognize. One area in which there is a significant difference in the type of damages one can be awarded ...

The constitution remains emphatic on the need of freedom of speech in a democratic environment. Citizens need the right information to enable them perform their civic duty. The freedom of expression promotes individual self-realization and remains essential in the search for truth (Laraia, 2009). People’s freedom of speech enables them to participate in shaping the public affairs of a country. Failure to provide this right of freedom of speech a free society can fall in a retrogressive regime. Curtailing the freedom of speech can negate them the opportunity of making their contribution in the society. Prior restraint suggests government restrictions on ...

“For the time being and notwithstanding the various challenges to it parliamentary sovereignty remains formally intact as a matter of law.” Discuss the above statement. What is the significance of parliamentary sovereignty to the UK constitution and has the doctrine has been weakened by constitutional changes?

Introduction

The principle of Parliamentary sovereignty is based on the notion that Parliament represents the will of the people. The courts have upheld the view of the sovereignty in the past more than 350 years. The above statement in the title refers to the dilution of the concept of Parliamentary sovereignty with the advent of ...

United States and China

I. Legal System The United States criminal legal system is based on the British Common Law system. Common law refers to those laws that are created and imposed by judges in the absence of specific a specific code or applicable statute defining the law (LaFave, 2000). Accordingly, during the early years of the nation when a judge was faced with a criminal activity that was not covered by a statute, he would use precedent, or refer to the decisions of similar cases, for guidance. Absent statute and precedent, the judge would simple use his best legal, professional and personal judgment to make ...

Business Law Case Study

Debbie Gates is eventually laid off on account of her alleged heavy drinking, a fact she denies vehemently. She joins issues with the fact that her former employer, Prada, informs anyone who cares, the reasons (heavy drinking) for her dismissal, a fact she also learns from other employees and not directly from her former employer. Following her dismissal, Gates and her friend Zuckerberg team up to form a rival company to their former employer and name it, Prado ostensibly to deceive unsuspecting customers. Further, they poach the Chief Financial Officer of their former employer who helps them lure more customers and investors ...

Describe Malice Aforethought and how we show/prove it. If they (the criminal) doesn't tell you their man endangering state of mind how can you prove it? Malice aforethought in common law and fourteenth century law in England had been associated with murder as an act of killing with “malice prepense”. Under common law, there had been no “degrees” murder. The term “malice aforethought” literally meant to indicate an intentional, preplanned, deliberate murder motivated by ill will (malice) toward the victim. Several centuries later, judges started defining “malice aforethought” to cover killings of any kind not only preplanned killing ( ...

The System its bases is common law practiced in England and Wales.

Murder Murder is the most serious crime known to the criminal law which is punished by mandatory life sentence though it is also accepted that deaths can be a result of a unintential act. Murder is described as the unlawful killing with intention to kill a living human being though it can be reduced to manslaughter. Homicide is categorised in three main ways which are murder, manslaughter and infanticide whose sentencing varies. The English common law has no definition in a statute though its punishment can be prescribed in law. The definition continues to be a matter of the common law. The ...

Abortion is a contentious social issue that dominates polarized debates and generates varied reactions from political and social cultures in the United States. It also generates headlines based on the ethical, moral and scientific controversies across the world. A historical review of laws and policies demonstrates that physicians borrowed the idea of abortion from women healers (Kathy and Elaine 267). The issue of abortion became a controversial medical issue during the late 19th century. During the 1960s and 1970s, abortion became a policy issue regarding women’s rights. Conservative groups such as the family and religious organizations personalized abortion as an issue ...

Aboriginal title refers to a law that consisted of the rights of the indigenous people after sovereignty was assumed. This law was categorized as a common law. Many jurisdictions argue that this common law is hard to be aliened. It is notable that the aboriginal title can be exercised by a group of people or even individually depending on preferences and the issues at hand. On the other hand, first nations refer to an aboriginal community that is well organized and that faces official recognition by a certain government. This was Canadian’s view of the term first nation. The organization of the ...

1. Define the term law and describe the three sources from which law is derived Law is a system of principles and processes by which people handle disputes and problems with the aim of settling them. In other words, laws are rules of conduct that government enforces and if these are violated, it imposes penalties to violators. There are two kinds of law: public law (which deals with the relationships between individuals and government) and private law (which deals with relationships among individuals).

The three sources of law are:

Common law refers to a body of principles stemming from judicial decisions which in turn arise from ...

Introduction

Air rights are rights to develop the unfilled space situated above a physical property site. As with other categories of rights related to real estate, it is feasible to transfer these rights to other parties while preserving possession of the property itself. In extremely urbanized areas where the only potential course to construct is up, air rights are a burning topic of discussion and debate as developers tussle to expand their projects while still remaining inside the confinements of zoning law. In the past, property proprietors preserved fundamentally unlimited property rights. As human societies grew and began introducing zoning laws, individuals ...

Introduction

Comparing stock exchanges from two countries at different stages of economic development is an interesting case, because it can show what aspects of capital market theory have universal application and what the limitations are. In addition, recommendations could be made for a developing country, based on the example of the developed one. With this perspective, the report reviews the business and regulatory developments of the Nigerian Stock Exchange (NSE) and the London Stock Exchange (LSE) as well as assesses present challenges facing them. All stock exchanges function within the economic, regulatory and general institutional frameworks of their countries, therefore a brief ...

How the English-Speaking Peoples Made the Modern World

“Inventing Freedom: How the English-Speaking Peoples Made the Modern World” is Daniel Hannan who is serving in the European parliament as a British member. Hannan is a politician who is known for his conservative faith on various issues. He is also a known author and journalist and has authored several books and articles. Hannan is a staunch supporter of localism and he expresses similar views in abovementioned book. This paper intends to discuss Hannan’s book and further examines his idea of Anglosphere along with discussing other related aspects of the subject.

Hannan believes that British imperialism was for the good and ...

Introduction to Part II

Welcome to Part II of the Research Assignment for HIST 105. In Part I you used contemporary primary sources (an e-newspaper article) and tertiary sources (encyclopedias) to help select and learn about your chosen contemporary issue. You analyzed these sources, learned how to properly cite such sources, and used them to create initial research questions. In Part II, you will begin to investigate the historical roots of that contemporary issue using secondary sources. More specifically, you'll be locating a monograph, or full-length book. After you've completed Part II, your instructor or your teaching assistant will reassess ...

Question 1

Jurisdiction is a term used to define the powers of a court. Personal jurisdiction refers to the power of a given court to give judgments against a particular defendant while subject-matter jurisdiction refers to the power of a court to hear and make judgments on a particular type of case (Chao and Christine, 9). Parties to a contract have considerable freedom in formulating terms of a contract. This includes resolution of disputes arising from the contract. Minimum contract law can be used to determine if a court in one state has personal jurisdiction over a defendant from another state. The relevance of the minimum contract rule is that it ...

A contract is a legal agreement entered by two or more parties all having legal responsibility to undertake. Once two or more agree to perform an agenda, they either put themselves into an oral or written obligation. Failure to meet the agreement known as a breach has a penalty that the breaching party incurs. Oral contracts are used for social agreements such as preposition bets where the obligation is not serious. Written contracts on the other hand serve as a crucial document when it comes to businesses, governments and unions in which have significance impact on the parties involved. This is because oral ...

Section 1- Primacy Source Reading

Part 1- Hammurabi’s Code Hammurabi’s Code is a set of 282 laws. It was written in approximately 1790 B.C. and is one of the earliest sets of law known to man. The code was enacted by Hammurabi, a Babylonian King. The physical code itself was discovered by archeologist Gustave Jequier in 1901 in modern day Iran. The code is carved into large rock slabs, called steles, standing roughly seven feet tall. The laws of Hammurabi’s Code were clearly inspired from the idea of “an eye for an eye”. For example, law 195 states that if a son ...

Law

Arrest can be regarded as a form of deprivation of liberty of a person, which is a guaranteed right under the Constitution. This process shall deal with the use of force by the police officers that may result to a humiliating and demeaning course of action. Arrest has been regarded as a de facto punishment since it is done even before any trial proceeding takes place, and prior to the sentencing process which provides for punishment. Under the present rules, arrest can only be done by the police as a measure of last resort, after all other options had been exhausted. In the decision ...

Introduction

Privacy law is a vast area of law that encompasses many things from data collection and security to photography. Although there is no specific United States Constitutional Amendment which guarantees the right to privacy in the same way that the right to free speech and the right to bear arms is guaranteed in the Bill of Rights, the right to privacy is presumed from the interpretation of other rights guaranteed by the Constitution primarily in the Ninth and Fourteenth Amendments. Furthermore, a number of state and federal laws have been enacted to protect the privacy of individuals. Similarly, a significant percentage of ...

Question 1

First, the meaning of a statute must be established. This must be done from the language in which it is outlined. To begin with, it is the duty of the judges to give effects and ascertain the intent of the legislature in approving the statute from the language because this could ease their efforts of deriving the legislative’s intent behind the statute. In cases where the legislative intent is apparent from the statute language, the judges have a duty to apply the laws on its face without using case law to determine the purpose and intent of the statute. Conversely, ...