did common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
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Binding Precedent The English Legal System is hierarchical whereby the decision of a higher court binds lower courts. The doctrine of binding precedent‚ stare decisis‚ (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts‚ except on civil cases involving European law where the European Court of Justice is the court of last resort. Below the Superior Court‚ we have the Court of Appeal‚ and it is
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Racism in the Court System In the South‚ the judicial system was controversial whether you were African American‚ an immigrant or part of a jury. They showed how the jury selection was racist because if you weren’t the same race as the jury‚ you would be found guilty. An example is in the Scottsboro Trial‚ the jury in those trials had no blacks on the juries. This would provide an unfair trial for Blacks and deny them any justice. The arrest of the boys‚ trial‚ and events following the case
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of common law and equity Introduction I have been asked to write a essay on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since replaced by parliament common law is the basis of our law today it is an unwritten law that developed from customs and judicial decisions. It is parallel with equity which refers to the source of law created by the Lord Chancellor which was designed to supplement the common law
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Civil law is primarily contrasted against common law‚ which is the legal system developed among Anglo-Saxon people‚ especially in England. The original difference is that‚ historically‚ common law was law developed by custom‚ beginning before there were any written laws and continuing to be applied by courts after there were written laws‚ too‚ whereas civil law developed out of the Roman law of Justinian’s Corpus Juris Civilis (Corpus Iuris Civilis). In later times‚ civil law became codified as
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The purpose of employment law and how it is enforced. Role played by the tribunal and courts system in enforcing employment law. How the cases are settled before and during formal legal procedures. Purpose of the Employment Law The purpose of employment law is to provide legal protection to employees and employers‚ and to promote a productive‚ safe workplace. The aim is to promote consistency‚ fairness and justice for the employees. Before the Employment law was introduced‚ workplaces were
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have studied and suggested what factors drive growth. Due to the important role played by the law in the finance sector‚ economist and policy makers argued that the legal system can have a major influence on a country’s economic prosperity. This leads us to the main topic of this research essay. The aim of this essay is to compare the strengths and weaknesses of the common law system with the civil law system with reference to economic prosperity. The first section will explain the connection between
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Common Low Marriage Common Law Marriage “To love one another and grow together as one‚” comes to my mind as I sit and discuss my common law marriage with my friends. In society eyes you are not considered married unless you have a wedding and a marriage licenses. My legally married friends do not consider the agreement that my husband and I have agreed on as being legally married. According to Webster the meaning of Common Law Marriage is a relationship created by agreement
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220070594 Word Count: 2‚719 GSB748 – Legal Studies Student # 220070594 1. The Case of Tommy v Spud 1.1 Advice to Tommy 1.1.1 Duty of Care In this case‚ the “neighbour principle” of Lord Atkin and the test of proximity of relationship of the High Court is applicable (Turner 2011:738). The parties have a special relationship based on physical proximity and causal proximity: Donogue v Stevenson [1932] AC 562 and Jaensch v Coffey (1984) 155 CLR 549. The loss or damage was “reasonable foreseeable”. This
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