not enforced and come from “withi n”. Laws‚ on the other hand‚ are a set of rules that are framed by a governing body that are meant to be accepted by everyone‚ whether they like it or not. Ethics can be viewed as the foundation for making laws. Without ethics‚ there are no laws. In fact‚ ethics serve as a guiding principle for laws. It is based on these ethics that laws are created by the governments to serve as a framework to mediate the relationships between one another. They are made in order
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UNIVERSITY SCHOOL OF LAW LAW OF EQUITY ASSIGNMENT IAN NDUNGU WAWERU DLAW/112/00101 DISTINGUISH BETWEEN EQUITY AND COMMON LAW LECTURER: MARK WAGIA Common law‚ defined by Oxford Dictionary‚ is law that is derived from custom and judicial precedent instead of statutes. Equity‚ on the other hand‚ is a branch of law‚ which developed alongside common law‚ and is focused on fairness and justice. But aside from their descriptions‚ there are other differences between common law and equity.
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COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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did common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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Common Law vs. Civil Law There are nearly 200 nations in the world‚ each with their own distinct legal system based on one of the four major legal systems: common law‚ civil law‚ socialist law‚ and religious law. The majority of countries today follow either common law or civil law. Here in the United States we practice common law‚ as opposed to countries like France and Germany‚ which practice civil law. There are several differences between these two legal systems‚ however‚ common law in
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nations in the world nowadays‚ and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas‚ international law governs relations between states‚ institutions‚ and individuals across national boundaries‚ municipal law governs this same person within the boundaries of a particular state. The comparative law‚ which is the study‚ analysis‚ and comparison of the different municipal law systems‚ classifies countries into legal families. The two widely
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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
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Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury‚ the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that
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Originally‚ common law was customary law‚ folk law‚ based on precedent. There was of course statutory law -- the king’s law -- but common law guided how it was enforced and administered. No real common law exists today‚ having been entirely codified as statutory law throughout the English-speaking world. There remains‚ however‚ what are sometimes termed common law rights. Now and again‚ a new situation arises where there is no law to guide a judge‚ but where there really is something to adjudicate
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heritages of Africa‚ Europe‚ India and elsewhere. Three of these family forms are the family based on common law unions‚ the matrifocal family and the extended family. Some theorists such as Melville Herskovits (1958) attribute the prevalence of certain types of Caribbean family forms to African society and some of the social institutions and social dynamics of those societies. A common law union is similar to the unit of the nuclear family i.e. comprising of husband‚ wife and children living
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