Category: Common Law
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Reflection on Connection between Common Law and Constitutional Common Law: the Dred Scott Decision
The common law theory is based on what the law is in a certain situation that is followed as a rule in later decisions by the court involving similar material facts through the doctrine of precedent also known as stare decisis. The first point of discussion I would like to point out is whether judges…
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The Nature of Law and Its Classification
The English word law has its starting point in the Old Norwegian word truly signifying set down which may allude both to something saw as a characteristic wonder, for example, the sun rising and setting each day, or to a lead set by people for controlling their shared conjunction. Henceforth, two sorts of laws might…
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Issues of Equity and Shortcomings of Common Law: Critical Analysis
1. Equity was created to supplement not to supplant the common law. Do you agree? The issue in question is whether equity came to take common laws place or assist the common law in the judicial system. To understand this, we need to look at the creation of equity and how it came to affect…
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Merge of Equity and Common Law: Historical Analytical Essay
To explain the evolution of Equity with regard to cases and statutes and to discuss whether the argument over the doctrine of fusion is relevant today. Introduction The law is a body of rules that applies to certain defined circumstances and situations and does not provide for changes and variations presented by unprecedented circumstances. This…