BIPAS – UDAYANA UNIVERSITY Law Midterm test “The influence of Common Law and Civil Law on Indonesia´s Legal Tradition” Natascha Krauss 3.11.2014 Table of content 1. Development of Indonesia´s Legal Tradition 2. Civil Law 3. Common Law 4. Influences and Impacts of Civil and Common Law 1. Development of Indonesia´s Legal Tradition This paper is supposed to outline how civil law and common law influenced Indonesia´s Legal tradition. In order to be able to analyze
Premium Law Common law Civil law
Common Law and Equity Prior to the Judicature Act 1873-75 on Fusion Fallacy The early development of equity categorized it as a separate system from the then existing common law. However‚ Lord Chancellor’s intervention gradually developed a distinct body of law called ‘equity’ which was well established by the fifteenth century. From then on‚ the Chancellor’s jurisdiction was exercised via what later becomes ‘court of Chancery.’ The existence of these two systems at times conflicted because of the
Premium Common law Court Judge
Explain the difference between rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law‚ as define by Wikipedia‚ refers to law developed by judges through decisions of courts and similar tribunals‚ rather than through legislative statutes or executive
Premium Common law Jury Judge
heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system‚ it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before. If a case then had decided point of law it will be
Premium Common law Stare decisis Law
Common Law Contracts and the UCC Article 2 Wk 5 Reflection Erick Kopczick‚ Seth Simmons‚ Karl Svanberg Law/421 December 22‚ 2014 Charles deWitt Common Law Contracts and the UCC Article 2 Wk 5 Reflection There are some similarities when it comes to UCC and Common Law contracts. But UCC is for goods and tangible items whereas Common Law Contract is for the intangible items like services. UCC is use to eliminate the technical requirements of contract law. UCC relies on the merchants acting on good
Premium Uniform Commercial Code Law Contract
bestowed on Nigeria by colonial masters‚ common law principles‚ rules and doctrines have tremendous influence on administration of justice system in the country. Particularly as an offshoot of that influence‚ the common law doctrine of stare decisis‚ translated as judicial precedent or simply as precedent‚1 has come to be regarded as a source of law in the country.2 Simply put‚ stare decisis is a practice in the administration of justice in common law jurisdictions‚3 whereby a court is bound to
Free Common law Law Sharia
different type of people think. The disadvantage to this is that not all jurors will be a cross section of people. The jurors chosen may be the same type of people who think the same which means this will give us an unfair verdict in a case. If an unfair verdict is made‚ the accused may be accused for the wrong thing. In the court room the answer or verdict is all in the juries’ hands. The 12 potential are to sit in all the case hearings and to learn the law that is applied to the case‚ they are
Premium Jury Law Crime
Why we have laws- The law is a legal set of rules that the government and courts have made for everyone to follow. Without laws‚ confusion and chaos would occur. In extreme cases of conflict‚ a state of anarchy would develop. The person with the most strength will start to dominate and the weak and helpless would suffer. However‚ when laws are enforced‚ a sense of order is created resulting in a society where everyone can live peacefully. Why laws change-? Societies’ perceptions have changed over
Premium Law Legislature Statute
1.0 Introduction The common law courts only provided the remedy of damages‚ which in some cases was an inappropriate remedy. The writ system was also slow to respond to new types of action and had many "loopholes". (Keenan‚ 1993) This weakness in the common law system lead to the development of equity. (Kelly‚ 2002) Ways in which the law of equity supplements the common law will be further discussed in this assignment. 2.0 Common Law Prior to the Norman Conquest of England in 1066‚ there was no
Free Common law Law Judge
Question 1: Explain the different sources of Law in England. The legal system in the UK has expanded over many centuries and has also changed regularly during this period. The present UK law consists of four major sources that include the Interpretation of Statues (Acts of Parliament)‚ Common Law‚ European law and European Court of Human Rights. ‘These sources of Law have all one common element‚ influenced by political‚ social and technological change.’ (Open University‚ Block 1‚ Pg 89)
Premium Common law United Kingdom Precedent