"Do judges declare law or make law" Essays and Research Papers

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    Law and Equity

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    Law and Equity Essay (a) Outline the development of common law and equity. There was no system of law in England and Wales before 1066‚ as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries. There were various methods of creating laws which were called “sources of law”. However‚ in the 18th Century Parliament became more powerful which lead the Acts of Parliament (statues) to

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    Aquinas on Law

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    Aquinas on Law Aquinas talks about general law. Aquinas has definition of general law: “nothing other than a certain dictate of reason (rationis ordinatio) for the common good‚ made by him who has the care of the community and promulgated." According to Aquinas‚ the law is based on a reason. The purpose of a proper function of the law is to promote common good given out by the person who has a leadership. He talks about four types of law. These laws are eternal law‚ divine law
‚ natural

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    Meaning of Law

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    Meaning of law A law is a special type of rule that has been made by a person or institution that has the authority to make laws. This is referred to as ‘sovereign power’. In democratic countries‚ such as Australia‚ Britain and the United States‚ the sovereign power is Parliament. Society elects Members of Parliament to make laws on their behalf. Laws made by Parliament are known as statute laws. Australia has a type of legal system known as ‘common law’. This system allows for laws to also be

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    federal laws

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    Federal laws Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination because of race‚ color‚ religion‚ sex‚ and national original. Title VII applies to all private employers‚ state and local governments‚ and education institutions that employ 15 or more individuals. Rehabilitation Act of 1973. This law essentially applies the standards of Title VII to the federal government as an employer. Lilly Ledbetter Fair Pay Act. The Fair Pay Act changes when the statute of limitations

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    Law and Order

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    POLS 1101 2/4/13 The fact of keeping law and order when it comes to terrorism is a very important‚ but very looked over issue. Terrorism has been around since the first attack in 1920. Most of the attacks on the United States has happened in New York. The most famous and well remembered is the attack on September 11‚ 2001‚ hijackers crashed 2 commercial jets into twin towers of World Trade Center; 2 more hijacked jets were crashed into the Pentagon and a field in rural Pa. Total dead and missing

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    Law Assignment

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    that the EU law is higher than the UK law because when the UK joined the EU on 1 January 1973‚ the UK gave up some sovereignty on making law to the EU. An Example can be seen in the case of Costa v ENEL (1964). In this case the Italian government tried to argue that its courts should follow Italian law as conflicted to community law but the ECJ ruled stating that as joining the EC the members sign and limit their sovereign rights for making law although in limited fields. The EU law also has major

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    Irish Law

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    Irish Law * History sources of law * Common Law * Equity Example of the many maxims: i. Those who seek equity must do equity. ii. Equity looks the intent rather than the form. iii. Those who come to equity must come with clean hands. iv. Equality is equity. * Legal sources of Law: There are five legal sources: a. Legislation (Statute Law) b. Subordinate Legislation c. The Irish Constitution 1937 (Bunreacht na hÉireann) d. European Union Law

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    Rules of Law

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    different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the law whilst others think that it should be left to Parliament as the supreme law-maker. As the rules can result in very different decisions‚ it is important to understand each of them and how they may be used. The literal rule Under this rule the judge considers what the statute actually says‚ rather than

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    Law D1

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    of society Lay magistrates provide a wider cross section of society on the bench with 50% of magistrates being women and over 7% ethnic minorities in comparison to professional judges. Lay magistrates are more representative than district judges in the magistrate’s courts. Statistics in 2009 showed only 30% of district judges to be women and 2% to be from ethnic minority background. Local knowledge Lay magistrates usually tend to live or work near the court they tend to have local knowledge of particular

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    International Law

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    CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply : A. international

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