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 by the administrative agencies. Another type of law that is an important
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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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Central London Property Trust Ltd v High Trees House Ltd KB 130 (or the High Trees case) is an English contract law decision in the High Court. It reaffirmed the doctrine of promissory estoppel in contract law in England and Wales. Denning J held estoppel to be‚ Facts In 1937‚ High Trees House Ltd leased a block of flats in Clapham‚ London‚ for a rate £2500/year from Central London Property Trust Ltd. Due to the conditions during the beginning of World War II occupancy rates were drastically lower
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interpreted a law. This is known as the principle of stare decisis‚ or simply precedent. Precedent helps to ensure consistency and predictability in the administration of justice with in the legal system. The cases we read stem from 19th century North Carolina Supreme Court opinions concerning violence against woman and‚ or‚ children by a husband or someone of authority (e.g. a schoolmistress). The cases show a precedent being established in State v. Pendergrass‚ which allowed corporal punishment
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in Kuhn. Both Courts do not want to be involved in the dispute and think the commissioner not only rightfully has the power to resolve the dispute‚ but is also better equipped. The Oakland Court also cites the abstention doctrine which it says applies to the case. This doctrine requires courts to “abstain from intra-association disputes” (Oakland
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hand‚ but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly. Equity is an essence of principles‚ doctrines‚ and rules advanced initially by the Court of Chancery in positive competition with the rules‚ doctrines and principles of the Common Law Courts. The obliteration of the old Court of Chancery and the Common Law Courts‚ has led to the proposition that the distinction between
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COMMON LAW Definition The law which English courts applied as developed through the principles of precedent without reference to legislation passed by parliament. Historically from England‚ but note the key date of 1972‚ in view of changes from joining the European Community Describing its nature Centrality of the judiciary - their decisions constitute the written law ( maxims‚ precedents‚
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Nearly all faiths have a liturgical and doctrinal language. For the Roman church it is Latin‚ for Sunni Islam it is Arabic and for Syriac Orthodox church‚ it is Syriac. Any crossing over of linguistic shreds from the liturgy of doctrine of one to the liturgy or doctrine of the other is important in many ways. If the same word appears in one faith as the other‚ or shares a common root or etymology‚ it may be assumed that it is not only the word and sound that are the same‚ but the very essence of
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The exclusionary rule prohibits illegally obtained evidence from being used in a criminal trial (Hall‚ 2015). Furthermore‚ the exclusionary rule applies to prevent unconstitutionally obtained evidentiary submissions‚ and the rule is applicable to items or confessions (Hall‚ 2015). After reviewing the exclusionary rule I feel it should be applied to illegal arrests too‚ unless the police obtain sufficient evidence independent of the illegal arrest. In the case of State v. Eserjose police made an
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describes a set of principles and fundamental rules that prescribes a division of powers between the Commonwealth and the six member states of the Federation through the Division of Powers Doctrine‚ and expressly defines a separation of powers between the three arms of government through the Separation of Powers Doctrine. ’The four principles of federalism’ within the Australian Constitution are represented by: a written Constitution; a separation of powers between government branches; an influential Court
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