of law… The basic of law can be summarized in two words: human conflict. People dispute and argue over money and theft and property damage. Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state. The first element (body of rules) is self evident‚ the hidden part is these rules are found in a myriad of different places. The second element (law is enacted by a public official) is critical. all places have rules but they are not laws unless
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classification of ‘hard’ and ‘soft’ law is unhelpful and misleading in reflecting enforceability in international law. What are the sources of international law? What is meant by ‘hard’ and ‘soft’ law? Do you agree with Chinkin’s assessment and why? ------------------------------------------------- Introduction This essay first discusses the nature and lack enforcement of hard laws‚ being those defined under the ICJ statue and Vienna Convention on the Law of Treaties 1969 (VCLT). It argues
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Sociology of Law Prelim #2 Review Policing and Arrest Cop in the Hood- Moskos Police discretion Factors include: Time of shift Paperwork/processing Age of officer Suspect characteristics Political concerns Police culture Law on the Books v. Law in Action Legal entities as social institutions Legal actors as social actors Profiles in Justice? – Heumann Racial disparities in policing Driving while black Disparities in stops caused by profiling‚ bias etc. Criminal Process
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Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law and rules of
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obliged to obey even unjust laws? Think about what this means. This means that laws‚ regardless of how unfair‚ unjust‚ or immoral they may be‚ must be followed with no better reason that they are the law. To the thesis that we are obliged to obey even unjust laws‚ I will argue that the standard objections to Civil Disobedience‚ given by Singer‚ are incorrect To begin‚ however‚ I believe it is necessary to define an "unjust" law. According to St. Thomas Aquinas‚ "Any law that uplifts human personality
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Civil law (common law) Civil law is the branch of law dealing with disputes between individuals or organizations‚ in which compensation may be awarded to the victim. For instance‚ if a car crash victim claims damages against the driver for loss or injury sustained in an accident‚ this will be a civil law case.[1] Civil law differs from criminal law‚ whose emphasis is more on punishment than in dispute resolution. The law relating to civil wrongs and quasi-contract is part of the civil law.[2] -------------------------------------------------
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Parliament‚ as the sovereign lawmaking body is one source of law. It makes legislation via passing bills to make laws that abide by social cohesion and maintain social progress‚ such as sanctions imposed for murder under the Criminal Law Consolidation Act SA. A political party affiliates it’s self with specific views and moral and promises to initiate or support certain legislations to its supporters. When candidates become members of either the Senate or House of Representatives they are morally
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LAW OF TORT PART– PART–ONE Objectives of this Topic By the end of the topic the learner should be able to: * D fi iti of tort and related t Definition f t t d l t d terms * The difference between tort and criminal law and tort and contract law * Understand the nature and liability of tort * Explain the functions of the law of torts * Explain the capacity to sue or be sued for various p p y individuals and entities * Understand the specific torts their defences and remedies available
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Common law 1 Common law Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law‚[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases
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Branches of Law Civil vs. Criminal Civil Criminal Burden of Proof (quantum/amount of evidence) b.o.p is on plaintiff who initiates a civil action (51% preponderance of evidence - over 50% of the believable evidence is in the plaintiff’s favor) **Can have both Civil and Criminal in a trial burden of proving the defendant’s guilt is on the prosecution‚ and they must establish that fact beyond a reasonable doubt Remedies Sought Monetary damages May seek other damage (act) to do or not
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