Category: Common Law
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Should the Law be Based on Morality?
What is morality? According to Mill (a renowned legal philosopher), our moral obligations result from the justified moral code of our society however there are numerous takes on what morality actually means, we have morality as set down by religion; the easiest examples being the ten commandments, morality and religion, however, are not the same;…
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The Relationship between Law and Morality is a Coincidence
To state that the relationship between law and morality is one of mere coincidence, would be inherently false. There has long been controversy and debate between positivists and natural law theorists as to what extent morality influences the law. Essentially, one can argue that both our common law system and Acts of Parliament themselves are…
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The Law and Morality
Laws protect citizens from themselves but it also protects them from any abuse of power at a local or national level. Laws are important aspects of life that guide the governance of many societies. It is supposed to help build society while promoting unity among those that are under it. In some societies, there are…
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Tension between Equity and Common Law as Legal Systems: Analytical Essay
Question 1 Compulsory Northumberland County Councils main concern is their entitlement to the money that was entrusted to Aleena, their employee, and any remedies that will enable them in the repossession of the expended money. In order for the Council to retrieve the monetary sum, the trusted money can be traced through Aleenas own…
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A Judges Role: Common Law Versus Civil Law Research Essay
It is an inaccurate belief by abiders of the common law system that judges play the central role in all legal systems. Religious, customary, and socialist legal systems and traditions, for example, do not revolve around judge-made law as common law does. This essay, however, will only deliberate the essential differences between common law and…
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Comparative Law and Comparative Legal History: Analytical Essay on Common Law
Introduction Common law as we know it, also known as case law, can be defined as the system of law that is based on judges’ decisions and on customs rather than on laws that are written. In other words, it is comprised of a set of unwritten laws based on precedents recognized by the courts.…
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History and Current Structure of Roman-Dutch or Common Law in Namibia
Roman-Dutch / Common law The introduction of Roman-Dutch law into Namibia is closely interconnected with the political and historical advancement of Namibia, after the occupation of the territory by South African troops in 1915, German law continued to be in force except for such laws as were found obligatory to be retracted under martial law.…
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Co-development and Adaptation of Common Law and Tort Law in Ireland
As an instrument, common law has been in use in England since the Norman conquest in 1066. The Irish legal system is based on the English common law tradition. Its dominance was consolidated after Oliver Cromwells military campaign in Ireland between 1649 and 1652. Society has changed immeasurably since 1066. It is also vastly different…
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Compatibility of Legal System in Ireland with EU Law System after Brexit: Constitutional, Statute And Common Law
Law and legal studies project In this essay I will be discussing the legal system in Ireland and will be including any observations and changes that I think should be made to this system. I will also be discussing how the Irish legal system will remain part of the European Union after Brexit happens. The…
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IRAC Critical Essay
IRAC stands for Issue, Rule, Analysis, and Conclusion. Its main function is for legal analysis. At the first legal question is expressed, after that applicable law is given and then they analyze the fact and a conclusion is made. In the IRAC method, there is a simple legal question that must be answered and it…