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

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    Procedural Law

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    PROCEDURAL LAW COMMON LAW AND EQUITY THE COMMON LAW SYSTEM OF EARLY ENGLAND - one who believes he has a legal claim brings a cause of action in court (vložitev tožbe‚ s katero se sproži pravda) - he is seeking some form of relief‚ remedy (zadoščenje) - remedy is supposed to cure or satisfy his claim of harm or injury (terjatev za škodo ali poškodbo) - in the beginning only certain forms of action were recognized by the law courts - a claim had to fit one of recognized forms

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    Constitutional Law

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    Constitutional Law Notes What is a Constitution? • Constitutional government is a government that as a Constitution which limits the powers of political authorities and is not susceptible to easy modification or abrogation • Constitution as Paramount Law o A law overriding all other laws (laws must comply with the Constitution or will be deemed invalid)  Will not be able to be amended through an ordinary statute o Determines the power of each area of government (separation of powers) o

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    Civil Law vs Common Law

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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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    Law 122

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    Chapter 1 Risk Management and Sources of Law Risk Management Risk Management – is the process of identifying‚ evaluating and responding to the possibility of harmful events. Risk Avoidance – A risks that should be avoided altogether. (Ex. Ford Pinto and exploding on impact) Risk Reduction – Risk that can be reduced to an acceptable level through precautions. (Ex. Banks loans and collateral) Risk Shifting – Risk that can be put on a different party. (Ex. hiring an independent contractor) Risk

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    Philosophy of law

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    concepts to understand in this subject. These three tenets are as follows; law is whatever a judge decides it is‚ law and morality are independent of each other‚ and rights are conferred. This is in opposition to the theories of natural law and legal positivism. During this chapter we will examine three separate works from three different authors. The first article is "Legal Realism" by Jerome Frank‚ the second is "The Path of the Law" by O.W. Holmes Jr. and the third selection is "Ships and Shoes and

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    What role does a judge play in a legal system? Does he/she make law or merely play a role in interpreting law? Discuss. A judge’s role in a legal system would be more of playing a role in interpreting law as compared to making a law which would not be a main role of the judge itself. As laws will fall under many different parts‚ the written law and unwritten law will be the basic ones that separate the two. Written laws will be such as firstly‚ the constitution which

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    Laws of War

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    Laws of War The term "laws of war" refers to the rules governing the actual conduct of armed conflict. This idea that there actually exists rules that govern war is a difficult concept to understand. The simple act of war in and of itself seems to be in violation of an almost universal law prohibiting one human being from killing another. But during times of war murder of the enemy is allowed‚ which leads one to the question‚ "if murder is permissible then what possible "laws of war" could there

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    Sexual Assault Over the past decade‚ the issue of sexual assault is one that has needed significant law reform. Sexual assault refers to the criminal offences involving unwanted sexual contact or acts‚ including unwanted touching‚ groping‚ indecent acts of other kinds‚ and rape. Law reform is the process of reviewing existing laws and introducing changes to them with the aim of improving justice or efficiency. In the issue of sexual assault‚ justice is particularly important. The state needs to

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    Constitutional Law

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    Constitutional Law Test 1 Study Guide Three Categories of constitutions- Nominal Telos- gives certain rights but does follow through with the rights. Example is Cuban Constitution that gives rights such as healthcare and travel but does not carry them out. Tends to make a lot of promises but does not keep them. Façade Telos- similar to nominal by making promises in a way that seem more logical and achievable for that country but is still not carried out. Example is Iranian Constitution that gives

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    Introduction to Law

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    Introduction to Law I.BASIC CONCEPTS............................................................................................................... 3 1.WHAT IS LAW?......................................................................................................................... 3 Do’ s and DonÆts .................................................................................................................. 3 Is and Ought..........................................................

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