Comparative Law Case 1-1. IGNACIO SEQUIHUA V. TEXACO INC. ET AL. United States District Court for the Southern District of Texas‚ 1994. FACTS: Plaintiffs‚ Ecuador residents‚ filed suit in Texas over alleged environmental damage in Ecuador. Plaintiffs pray for money damages‚ an injunction to clean up‚ and a court-administered trust fund. Defendants bring motions to dismiss. ISSUE: Should the court decline to exercise jurisdiction based on the doctrine of comity of nations? HOLDING: Yes. LAW: Section
Premium United States Supreme Court of the United States United States Congress
Various Primary Sources of American Laws Gary Craddock Everest University Online Abstract There are various sources of American Law Primary sources of law are sources that establish the law and are in enforced by the controlling authority (the government’s) of a society. They consist of case law and common law doctrines‚ the U.S. constitution and the constitution of various states‚ statutory law including laws passed by Congress State legislature and local governing bodies‚ regulations created
Premium Law United States Constitution Common law
Adultery • Common Law o Adultery was sexual intercourse with another’s wife o Sexual intercourse out of wedlock was punished by the church as an ecclesiastical offence • MPC o Statutes against fornication and adultery are unenforced; omitted any provisions relating to these offenses • State Statutes o State Statutes vary: Voluntary sexual intercourse between persons‚ one of whom is lawfully married to another‚ both parties being guilty Intercourse by a married person with one who is
Premium Law Roe v. Wade Supreme Court of the United States
Introduction A law is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament‚ a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law.A judge is a public official appointed or elected to hear and decide legal matters in court[2]‚ Judges exercise
Free Common law Law Precedent
A brief introduction of People’s Republic of China’s Tort Law Student Name: QIAN‚Xin Group: MLM09-01 Student Number:0892439 Table of Contents Background The Tort Liability Law of the People’s Republic of China (‘Tort Law’) which was passed on December 29‚ 2009‚ came into effect since July 1‚ 2010. It is believed that more and more public affairs could damage civil benefits as a result of the rapid development in china’s economy and society. As the response
Premium Tort Law Common law
evolves‚ the conditions of society must constantly adapt‚ and in doing so‚ the necessary evolution of criminal law develops. Law has gone from informal to formal noted as either public or private‚ and classified on a broad spectrum accordingly. Criminal law has made note of causations and exceptions‚ accounting not only for the crime but for the actor himself and his victim. Criminal law seeks information about who commits crimes and why‚ as well as how crime can be stopped. In early societies
Free Common law Law Criminal law
systems have both been effective in responding to the need for law reform in modern society. There are four key conditions that have been identified as influencing the need for change to law. Both the parliament through statute law and the courts through common law have important roles to play in bringing about effective change. One important condition that gives rise to law reform is the changing of social values. This means reforming laws to suit the changes in society. Social values are standards
Premium Law Common law
Introduction and Sources of Business Law Sara Bakerink Kaplan University LS311-03RP1 There are many terms to know and understand in Business Law. The definition of some terms are easy to comprehend while others are more complex. I have listed several terms from our textbook with definitions as I understand them. Common law is a type of law that was created based on English legal system. "Eventually‚ the common law tradition became part of the heritage of all nations
Free Common law Law
the parliament‚ and that only the parliament can make laws in the legislation. But‚ there is something that confuses the sovereignty of the parliament‚ which is the “judge-made law”. Is there such thing as a judge-made law? What is a judge-made law? A judge-made law is when a judge applies or extends an established rule to new facts‚ or decides that the particular rule do not take effect on certain situations‚ thus‚ making a change in the law. However‚ when it comes to this‚ it does not mean that
Premium Common law Stare decisis Case law
Roles and Functions of Law Ezra Bridger February 10‚ 2014 University of Phoenix LAW/421 Roles and Functions of Law Everything that we do in life has some sort of law attached to it and we as citizens have a role. For most average citizen‚ every day is just like any other day. We tackle our day with the things we need to do like go to work or doing our daily errands. These daily tasks are performed without the law ever crossing our minds. Although we abide by the rules and laws‚ we sometimes forget
Premium Law Common law Statute