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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Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law | Joanna Solis 3/2/2012 | Only a few people actually know “the law”. Others think that the criminal justice system is a body that only has one set of rules and laws and all act the same. Not to mention that because of television they think that every case is tried at criminal court with a judge and a panel of jurors. However that is not the case because there’s two specifically types of law‚ civil and criminal law. Though both
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Do Not Judge a Person by there Appearance Everyone has heard the saying “Never judge a book by its cover.” Well‚ that certainly is true when applied to everyday life. Most of us tend to look at one’s external appearance and draw a short conclusion on their character when we first observe them. Being in school‚ this always happens. No matter if a person has the sweetest personality‚ if his or her appearance is not good people judge them on only that fact. There have been many circumstances
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uberrimae fidei. S.35 dissolution. If not acting in good faith then the court can dissolve the partnership. S.28 duty to disclose‚ bond to render true account of all things affecting the partnership to any partners or their legal representatives. Law V Law [1905] – After the sales agreement there is a partnership asset that was not hidden from the account. But W had lost the right to avoid the contract as he takes the money while knowing disclosure had not made. Held: the
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LANGUAGE OF THE LAW Characteristics of the courtroom discourse Eva Přidalová Introduction In all societies‚ law is formulated‚ interpreted and enforced: there are codes‚ courts and constables. The greater part of these different legal processes is realised primarily through language. “Language is medium‚ process and product in the various arenas of the law where legal texts‚ spoken or written‚ are generated in the service of regulating social behaviour.”1 In the Anglo-Saxon common law system‚ a discrete
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adheres.’ Discuss This essay aims to examine the reasons for and why it is important to have a separation of powers‚ to examine the United Kingdom’s constitution‚ assessing our somewhat unclear separation of powers‚ and discussing the reasons why we do not have a strict separation‚ taking into account the overlaps and relationships between each limb of Government and the checks and balances required for it to operate efficiently. The political doctrine of the Separation of Powers can be traced back
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Lecture VI Legislative Power and LegCo Contents LegCo: Historical Evolution Powers and functions‚ and Prerogatives Issues raised under the BL Case Law • Article 66 • The Legislative Council of the HKSAR shall be the legislature of the Region. • 2 I. LegCo – A Brief Retrospect • A. Generality – From 26 January 1841 to 30 June 1997‚ • Hong Kong was a British colony and its first constitution‚ in the form of Queen Victoria’s Letters Patent entitled the Charter of the Colony
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formation of the Australia‚ there were six colonies ruling the land of Australia‚ which were Victoria‚ Queensland‚ Tasmania‚ New South Wales‚ Western Australia and South Australia (Harvey 2009). It was stated that each colonies has their own government and laws to manage the colonies. According to Harvey(2009)‚ the Commonwealth of Australia was first formed under the the Commonwealth of Australia Constitution Act 1900 in July 1900 after most of the people in Australia has agreed to the formation of the
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Present and evaluate some important elements of HLA Hart’s theory of law. How does it represent an advance over Austin’s theory? What are some problems with Hart’s account? H.L.A. Hart presents a theory of law based on the assertion that‚ the most important characteristic of law is the element of rules that enforce obligation or duties rather than rules that confer authority or sovereignty. Hart intends to offer a superior analysis of the unique formation of a public legal system as well as an improved
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system includes laws that are developed from two sources: common law and statutory law. Common law is created by judges in a court hierarchy‚ using an approach called the doctrine of precedent. Statutory law is law written in parliament by the leaders of the country or state‚ depending on where the power to legislate lies. Both common law and statutory law are components of substantive law‚ which concerns the actual content of law and procedural law‚ which concern the way in which law is constructed
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