Essays Tagged: "Common law"
My Great-Grandmother was not a Person
the perception that the laws enforced. (For ex: The Election Act of the Dominion of Canada and The Common Law of England) As part of the British Commonwealth many of our laws were the same as England ... ny of our laws were the same as England's and enforced by British parliament. One such law from the Common Law of England stated that 'A woman is not a person in matters of rights and privileges, but ...
Subjects: Law & Government Essays > Civil Rights > Women's Studies
Common Law - Development of Defence of Provocation. Refers to the case of Mancini
Question:Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in ... n in Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there o ... mself as to act in the same sort of way. It is therefore interesting to examine how the doctrine of common law in relation to provocation has responded to changing societal needs and values. It also p ...
Subjects: Law & Government Essays > Law
Non Charitable Trusts Are Purpose Trusts Charitable?
evolved from the Latin "ad opus" which was developed as a response of equity to the inadequacies of common law. A purpose trust is generally distinguished from a private trust in that it has a purpose ... glish law not allowing non-charitable purpose trusts have been considerable. Purpose trusts are now commonplace vehicles in many overseas jurisdictions. Combined with an international business company ...
Subjects: Law & Government Essays > Law
Trademark law brief history and international scope
governs service marks, which are used on services rather than goods. In the United States, certain common law trademark rights stem merely from the use of a mark. However, to obtain the greatest prot ... rk is registered to notify other potential users of one's claim in a mark. The registration process commonly begins with an examination done by an official in the Trademark Office to determine a mark' ...
Subjects: Law & Government Essays > Law > Issues
In each case on Breach of Statutory Duty the problem for the Court is whether to allow the claimant to succeed when an action in negligence would fail. Discuss.
to not drive too dangerously that he or she owes to society. There is no question as to whether any common law action is possible because the statute expresses the civil action to be taken. It is ofte ... cceed in an action for breach of statutory duty.It must be understood that this type of action is a common law action, a civil action, but the duty of care that has been breached is not a common law d ...
Subjects: Law & Government Essays > Law
Equity's concern for fairness can often invert it into its opposite. Courts of Equity - equity of redemption. English law
court of the Chancery, was conceived as a 'corrective system of justice, designed to supplement the common law by responding more flexibly and sensitively to the need for fair dealing and just outcome ... just outcomes '. The courts of Equity were able to remedy the sometimes 'dogmatic' approach of the common law and to ensure that in an effort to maintain certainty the law was not neglecting its true ...
Subjects: Law & Government Essays > Law
Prostitution Opposition: This is a persuasive essay for legalizing prostitution. It features financial reasoning and better use of police resources as reasoning.
the 17th century, fornication may not have been socially accepted, but neither English nor American common law recognized it as a crime. After the Civil War, a series of laws were proposed to segregat ...
Subjects: Social Science Essays > Controversial Issues
Property Law- Adverse Possession.
his wrong nor to penalise the negligent and dormant owner for sleeping upon his rights..." .At common law, the possession of land raises a prima facie presumption that the possessor is the owner, ... t to possession of the land.To seek a title by adverse possession, both the satisfaction of the common law requirements in relation to adverse possession and expiration of the relevant limitation ...
Subjects: Law & Government Essays > Law > Issues
Abortion in Texas
countries began to occur in the later 1960's. English Law Henry Bracton, (1216-1272) "the Father of Common Law," apparently regarded abortion (at least after 5 or six weeks) as homicide and it seems t ... apparently regarded abortion (at least after 5 or six weeks) as homicide and it seems that at early Common Law abortion was a felony, and, therefore, a hanging offense. Later commentators, Coke and Bl ...
Subjects: Law & Government Essays > Human Rights
How Judges Make Law (UK) .
a rule to be followed in all similar cases, thus making the law more predictable. By around 1250 a 'common law' had been developed that ruled the country as a whole. The principles of this common law ... ons, and was in print for over 120 years. In 1832 he published a commentary of the new rules of the common law courts. He produced the Jervis Acts:1) Indictable Offences Act (c42)2) Summary Jurisdicti ...
Subjects: Law & Government Essays > Law
What was the social and historical context in which the juvenile court was created?
l prevail. Early in the 19th century, juveniles were tried along with adults in criminal courts. In common law, children under age 7 were conclusively presumed immune from prosecution because they lac ... isoning) children side by side with adult criminals. There were two reasons for this. There was the commonsense legal theory that children ought not bear the same statutory responsibility as grown-ups ...
Subjects: Law & Government Essays
Why the United States Constitution is Unique.
ad while the Prime Minister and Parliament run the nation. The have a House of Lords and a House of Commons. There is no written document. There is not system of checks and balances. Common law is the ...
Subjects: Law & Government Essays
Family Life is Good for You.
ntinue to weaken in a number of countries. In Canada, close to 1.2 million couples were living in a common-law relationship in 2001, up 20% from 1995, the Globe and Mail newspaper reported July 11, 20 ... ge. But among men and women aged 30 to 39, the study found that fully 40% were expected to choose a common-law relationship as their first union. For women aged 20 to 29, the percentage is estimated t ...
Subjects: Literature Research Papers > North American
Crime and Punishment in the 1650's
hat were punishable because of their differences in structures and values. The English law included common law, statutes, decrees of commissions, and Star Chamber rulings; these parts of the English l ...
Subjects: Literature Research Papers > North American
If judges interpret the law, does that mean they are law makers?
possessing power by explaining to man what God meant in his words.As first year law students learn Common Law finds its sources amongst others in cases and statutes. So by the very definition of law, ... up the prices of surveyors to about 5%. Economic consideration of cases in the House of Lords is a common thinking, which clearly shows, that economic analysis and policy formulation are equally if n ...
Subjects: Law & Government Essays > Law
A contract is an agreement between two or more persons.
entirely verbal. Contracts are governed by ``general principals`` and are usually derived from the common law (or judge-made law). However on the other hand, Professor Atiyah (1968b) argues that, ``t ... ther party is to be held to the contract, you must give up something in exchange. Money is the most common form of compensation, but it can also be property, giving up a right or valid claim, making a ...
Subjects: Law & Government Essays > Law
In what circumstances is it possible for a court to award exemplary damages in tort?
ges are expressly authorised by statute."Even though Lord Devlin's restriction was rejected in many common law jurisdictions such as Canada and New Zealand , the Hong Kong courts follow strictly with ... on, Hong Kong courts are likely to follow the Kuddus decision. As previously mentioned, many of the common law jurisdictions have already rejected the Rookes v Barnard principles and take a more "libe ...
Subjects: Law & Government Essays > Law
Discuss the Inchoate Offence of Attempt
citement and Conspiracy. During this essay we shall discuss crimes of attempt which were subject to common law before the Criminal Attempts Act 1981(CAA), Ch. 47. This was a result, in part, of the La ... le Williams argues that CAA did nothing to change the law and in fact muddied the waters. Under the Common Law there were two main authorities .Reg v Eagleton .The court held that provided the act was ...
Subjects: Law & Government Essays > Law
The differences between common law and equity.
Common law evolved over time as a judge made law (according to doctrine of precedent.) In common law ... de law (according to doctrine of precedent.) In common law the king was the head of the government. Common law was the law administered by the royal courts and as such a more standardised set of rules ... England and countries derived from England. E.g. Australia, Canada New Zealand and the United StatesCommon laws rules were too broad to deal with governing a society as complex as England.Originally p ...
Subjects: Law & Government Essays > Law
Contract law - misrepresentation
it seems that the most likely action is that of misrepresentation.A misrepresentation is defined at common law as "a statement of fact made by one party to the other party, which is false. While not n ... time he made the statements.The first type of misrepresentation is fraudulent misrepresentation at common law. I would advise Grab that this bears a very high standard of proof and is very difficult ...
Subjects: Law & Government Essays > Law