Civil and Common law countriesContents TOC \o "1-3" \h \z \u Introduction PAGEREF _Toc383004748 \h 4Historical development of Civil law PAGEREF _Toc383004749 \h 4The source of Civil law PAGEREF _Toc383004750 \h 5The historical development of Common law PAGEREF _Toc383004751 \h 6The source of Common law PAGEREF _Toc383004752 \h 7The main differences between Civil law and Common law PAGEREF _Toc383004753 \h 7Conclusion PAGEREF _Toc383004754 \h 8Reference List PAGEREF _Toc383004755 \h 9 Discuss the
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THE LAW OF EQUITY Class Notes by J. K. Asiema © 2005 University of Nairobi TOPICAL OUTLINES 1. Historical Origin and Development of Law of Equity in England 2. Maxims of Equity 3. Equitable Remedies include Injunctions‚ Specific Performance Etc. 4. Application of Equity in Kenya - The Nature‚ Historical Origin & Development Of Law Of Equity In England DEFINITION OF EQUITY Equity has an ordinary meaning and a technical meaning. In the ordinary sense‚ equity means fairness‚ justice
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COURSE : LAW (ENGLISH LEGAL SYSTEM) QUESTION 1. Equity has made the law more fair. Discuss Equity can be defined in a technical sense as a branch of law administered by the court of chancery before the passing of the Judicature Act (1873-1875) with a view of supplementing the common law rules. Equity developed because of the problems of the common law. The word ’equity’ has a meaning of ’fairness’ and this is the basis on which it operates. The existing law as at the time equity arose
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The word ‘equity’ can be seen to have a wide range of meanings- to many it is a synonym for ‘fairness’ or justice’. Those within the legal community recognise equity as the body of rules developed and applied by the Court of Chancery; a court previously presided over by the Lord Chancellor with rules developed under his authority. The law of equity developed due to the inflexibility of the common law. Before the development of equity‚ The law was rigid (which was often cited as a weakness) for example
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COMMON LAW AS A LEGAL SYSTEM Common Law and Civil Law When defined in this way the term ¡§common law¡¨ is used to refer to a type of legal system called the common law legal system. The legal systems of various countries are modeled on the English legal system and these countries are said to have a ¡§common law legal system¡¨. This includes most of the British Commonwealth and the United States. The common law legal system involves such matters as trial by jury‚ presumption of innocence etc
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Civil law is primarily contrasted against common law‚ which is the legal system developed among Anglo-Saxon people‚ especially in England. The original difference is that‚ historically‚ common law was law developed by custom‚ beginning before there were any written laws and continuing to be applied by courts after there were written laws‚ too‚ whereas civil law developed out of the Roman law of Justinian’s Corpus Juris Civilis (Corpus Iuris Civilis). In later times‚ civil law became codified as
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Equity In accounting and finance‚ equity is the residual value or interest of the most junior class of investors in assets‚ after all liabilities are paid; if liability exceeds assets‚ negative equity exists. In an accounting context‚ shareholders’ equity (or stockholders’ equity‚ shareholders’ funds‚ shareholders’ capital or similar terms) represents the remaining interest in the assets of a company‚ spread among individual shareholders of common or preferred stock; a negative shareholders’ equity
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081-AC1221-60 Company Law ASSIGNMENT ONE The case concerns the pre-incorporation contracts. Firstly‚ it is necessary to define the pre-incorporation contracts. They are the contacts which the promoter wants to enter the contract before a company is incorporated. Under Common law position‚ the company cannot gain contractual rights or incurs liabilities from a pre-incorporation contract. Also; the pre-incorporation contracts cannot bind the company. In this case‚ Bosco is the promoter who
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The History of the Common Law of England by Matthew Hale 1713 I. Concerning the Distribution of the Law of England into Common Law‚ and Statute Law. And First‚ concerning the Statute Law‚ or Acts of Parliament The Laws of England may aptly enough be divided into two Kinds‚ viz. Lex Scripta‚ the written Law: and Lex non Scripta‚ the unwritten Law: For although (as shall be shewn hereafter) all the Laws of this Kingdom have some Monuments or Memorials thereof in Writing‚ yet all of
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In the state of Massachusetts‚ Common Law Burglary is defined as “the breaking and entering into the dwelling of another at night with the intent to commit a felony”. It’s very important to note that in order for a crime to be considered as burglary‚ it is necessary for it to take place at night. Another important factor involved in a burglary is that usually the owner of the establishment is not present during the time at which this crime is taking place. Most states share the same elements of what
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