Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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International College of Business and Human Resources Development Common Law Assignment 1 BMT: 387-09-09 Task 1(P1) A contract may be defined as an agreement which legally binds the parties. A party to a contract is bound because he has agreed to be bound. The underlying theory then is that a contract is the outcome of ‘consenting minds’. Parties are not judged by what is in their minds what they have said‚ written or done. Contracts are
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group Al Shabaab. This Somalia based organization is a powerful threat to peace and stability in the Horn of Africa as it battles the UN-backed government in Somalia for territory in order to establish a society based on its rigid interpretation of Sharia Law. The group
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AFFECT OF HUMAN RIGHTS ACT ON JUDICIAL PRECEDENT Although the Human Rights Act 1998 has impacted on the judicial understanding of precedent‚ the underlying features of the doctrine remain unchanged. The doctrine of judicial precedent is based on one of the most fundamental aspects of any legal system and that is‚ all like cases must be treated alike. It involves the application of the principle of stare decisis i.e to stand by the decided. The doctrine of judicial precedent has always played a pre-eminent
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maintain the rule of law. The rule of law in the contemporary Australian legal system promotes equal access to justice for all (Vines 2013‚ p. 319). As significant figures of the judicial system‚ judges must ensure that courts are independent‚ impartial‚ open and transparent and provides a fair and prompt trial (Rule of Law Institute of Australia 2015). This could be an issue with indeterminate sentencing
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frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law. It was designed to complement it‚ providing remedies for situations that were unavailable at Law. Because of this‚ Equity provided a dimension of flexibility and justice that was often times lacking because of the common law’s rigidity. This rigidity stems from the fact that‚ while courts sometimes altered their jurisdictions and procedures
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Common Law Assignment Answer 1: There is no enforceable contract between Joanna and Rita because under Contract Law it is stated that the first requirement for any valid contract to become existent is an agreement that contains the elements of “offer” and an “acceptance”. In the case provided‚ Joanna did put forth an offer for Rita who then laid a condition of accepting the offer‚ therefore a counter-offer; also Rita had not yet accepted the offer completely. She stated in her response‚ that
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Common Law and Equity A) Explain the history of Common Law. The common law developed because the legal system in England and Wales couldn’t rely only on customs. It wasn’t until after the Norman Conquest in 1066 that a more organised system of courts was created. William the Conqueror set up the Curia Regis (The Kings Courts) and appointed his own judges. These judges were also sent to major towns to decide any important cases. When Henry II came to throne in 1154-1189 tours became
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Week Two THE FEDERAL SYSTEM OF JUDICIAL REVIEW • If you want to challenge a decision made by a Cth statutory body‚ e.g. the Australian Electoral Commission of the Australian Taxation Office‚ you must turn to the federal system of judicial review. • The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However‚ it is not easy to get to the HC – it reserves itself for important decisions. •
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Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury‚ the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that
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