HISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (“the laws of England and Wales” from 1967). These laws mainly deal with issues of property‚ theft‚ inheritance‚ money… The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD
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English law is made up primarily of Civil and Criminal Law. Civil Law is concerned with the the Laws of Tort and Contract. Civil law can be defined as that area of law which is concerned with private disputes that occur between individuals or between individuals and organisations and where a proceedings in court is initiated by the aforementioned. In contrast‚ criminal law seeks to punish those that has done wrongs against the community. For example‚ a person who decides to take the life of someone
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3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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o Wide range of conduct can be the basis for criminal offences. Can a definition of ‘crime’ be found which includes all of these offences? • L Farmer “Definitions of Crime” o There is no simple and universally accepted definition of crime in the modern criminal law o Most actions are only criminal because there is a law that declares them to be so- so this must be the starting point for any definition o 2 main categories; MORAL and PROCEDURAL o MORAL : most definitions of crime are based on
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Purposes of Criminal Laws Blanca Alvarez Ashford University CRJ 201 Introduction to Criminal Justice Instructor Katheryne Rogers June 18‚ 2012 Purpose of Criminal Laws “A law is a rule of conduct‚ generally found enacted in the form of a statue that prescribes or mandates certain forms of behavior. Laws govern many aspects of our lives‚ and we are expected to know what the law says as it applies to our daily lives and to follow it; the
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Eternal Law and Human Law As humans live in this world‚ laws and regulations are strictly enforced for the justice‚ safety‚ and rights of the humans. Whether those laws are eternal or temporal‚ all laws require standards. Saint Augustine’s On the Free Choice of the Will discusses these standards and defines what each laws mean. Most importantly‚ Augustine argues that eternal law is necessary for temporal law to exist and for the nation to function properly. I agree with Augustine’s argument on
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by alternative dispute resolution and how it operates within the civil justice system – 14 marks The phrase alternative dispute resolution‚ also known as ‘ADR’ essentially is a range of ways to avoid full scale litigation. Access to justice is a fundamental right and is protected under Article 6 European Convention of Human Rights‚ therefore‚ if society is to operate effectively there must a way of ensuring that disputes between individuals can be resolved. Importantly‚ this does not necessarily
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Tort Law Tort laws are laws that usually involve state law and civil suits. State law are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others while civil suits are actions brought to protect an individual ’s private rights. A body of rights‚ obligations‚ and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others (Tort Law‚ 2013).
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Criminal Law Paper Stephanie Watts CJA3405 10/12/2015 Criminal Law Paper Criminal Law serves many purposes and aides in maintaining today’s society and norms as we know it. According to sociologist Max Weber‚ the purpose of criminal law is to regulate human interaction (Criminal Law Today). According to text‚ criminal law protects society from harm‚ assuage victims of crime‚ punish and rehabilitate offenders‚ preserve and maintains social order‚ deters criminal activity‚ distinguishes the
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1.Rule of LawThe rule of law‚ upheld by an independent judiciary‚ is one of Hong Kongs greatest strengths. This refers to some of the fundamental principles of law that govern the way in which power is exercised in Hong Kong. The rule of law has several different meanings and corollaries. Its principal meaning is that the power of the Government and all of its servants shall be derived from law as expressed in legislation and the judicial decisions made by independent courts. At the heart of Hong
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