Law Opinion Paper Autumn Smith CJS/220 March 31‚ 2013 Lacey Martz Law Opinion Introduction In the paragraphs below I am going to examine and explain the creation of U.S. laws. In doing this I will take into consideration common law heritage. I am going to close the paper with my own opinion of what laws should and should not be a law and what should be considered when laws are made. The Creation of Laws In democracies such as ours‚ laws are the rules set by public officials. The state
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The common law and human rights both provide important protections for individuals‚ groups and society in general. Along with this benefit‚ however‚ both human rights and the common law have shortcomings with their protections which are limited or lost for many reasons‚ depending on the particular subject matter‚ the solutions required‚ statutory intervention‚ or the parties involved. The protection of rights and freedoms must remain aware of both human rights and the common law because the best
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The English law of contract has developed over hundreds of years of history. As society has developed it has been necessary for the law of contract and the law in general to develop in order to reflect the needs of society and varying commercial landscape that is being experienced at that point in societal development. In this essay I propose to discuss the objective view of contract law in an ever developing commercial world that relies more on contracts than perhaps in the past and the need
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While‚ as for the reception of English law in the Malay states‚ RJ Wilkinson said : ‘There can be no doubt that Moslem Law would have ended by becoming the law of Malaya had not British law stepped in to check it’. Before the British intervention into Malay states‚ Malays were governed by Malay adat law and for the non-Malays‚ they were governed by personal laws or if they were British subjects‚ English law. These laws continued to apply‚ subject to modifications made by specific legislation‚ until
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res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident‚ even without direct evidence of how any defendant
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Amicable Heritable Securities V Northern Assurance Co 1883 11 R 287 5 Sloans Dairies V Glasgow Corp 1977 Scot CS CSIH_2 4 Wight V Brown 1845 11D 459 4 The concept of insurable interest and the alleged need under Scots law for the requirement of insurable interest by the insured in an insurance policy‚ have recently come under scrutiny. Why is this‚ and what should be done about the problems arising from the requirement for insurable interest? How realistic are the proposals
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Conflicts of Law: Topic 2 Domicile and other personal connecting factors (Home is where the heart is but does that represent the law?) Lecture 2: * One of the most important concept of conflicts of law Significance of domicile * Decides choice of law in areas of personal law such as marriage‚ status‚ succession and taxation. * Important in choice of law in many areas‚ mainly personal law * Often relevance in other statutes as well. Eg. Case of bankruptcy * Certain legal rights
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decades is called stare decisis. (Points : 1) True False 5. State legislatures‚ not Congress‚ enact statutory law. (Points : 1) True False 6. Treaties made by the United States are not deemed part of the law. (Points : 1) True False 7. Law may be classified in terms of principles of law and principles of equity. (Points : 1) True False 8. _____________ is a body of principles that establishes the
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It is often asserted that liability for omissions is exceptional in English criminal law. How convincing is this claim? To assert that liability for omissions is ’exceptional ’ is to make two claims. If exceptional is taken simply to mean rare‚ one claim is that omissions are infrequently criminalised. However‚ if exceptional is taken to mean forming an exception then there must exist a general rule from which such an exception may depart. This claim is questionable‚ and will be explored first
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Inc. **Contract Law Portion** There are two bodies of law that govern contracts; Article 2 of the Uniform Commercial Code and the common law of contracts. “The Uniform Commercial Code‚ or UCC‚ is statutory law in every state. The common law of contracts is court-made law that‚ like all court-made law‚ is in a constant state of evolution.” (Mallor‚ 2007) The UCC was created by the American Law Institute and the National Conference of Commissioners on Uniform State Laws to establish a uniform
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