Common law Essay Topics

Common Law Versus Civil Law Systems

The two principal legal systems in the world today are those of civil law and common law. Continental Europe, Latin America, most of Africa and many Central European and Asian nations are part of the civil law system; the United States, along with England and other countries once part of the British Empire, belong to… View Article

Criminal Law Intoxication

For hundreds of years, it has been assumed that individuals behave more aggressively while under the influence of alcohol. Alcohol related crimes cost the UK taxpayer £1.8 billion on average per year . However, society has taken an ambivalent attitude towards intoxication. Alcohol consumption is generally depicted as a puritanical moral barrier used to escape… View Article

Easements Land Law

In the past, English law has been underpinned by a strong and generally unifying desire to protect the rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed, the Prescription Act 1832 legislatively entrenched prescription, and in particular, prescriptive easements. The underlying assumption was that the principle of prescription was… View Article

Business Law, the Laws Applied in This Case Study

Introduction Funster had suffered three forms of losses in this factual matrix, namely the broken ribs, the damaged iPhone and the torn T-shirt. Prima facie, Magic Studios is liable for the negligent damage caused to Funster. Therefore, whether Magic Studios should bear liability for the damage hinges upon whether they can successfully rely upon the… View Article

Uniform Civil Code

India is a secular democratic country. Secularism means equal rights to everybody. The rights should not differ on the basis of sex or religion. The fact that India is having different Civil Code for different persons based on their religion does not suite its secular state status. The two major laws that are governing the… View Article

Latin Terms for Legal Studies

Two of the more important maxims (guides or aids) commonly used by the courts are (pg. 20): Noscitur a sociis: (It is known from its associates) is used where a word is ambiguous or unclear in a group of specific words. Its meaning is limited to the same class or types of things as the… View Article

Adversarial System vs. Civil Law

The European civil law system is all about finding the truth, even if a lawyer has to lose the case for their client while doing so. The American adversarial system is about winning, even if it means avoiding and stretching the truth to do so. Civil law has the laws made by the government and… View Article

When International Buyers and Sellers Disagree

1. In this dispute, which country’s law would apply, that of the United States or of Germany? When international commercial disputes must be settled under the laws of one of the countries concerned, in this case the United States and Germany, the paramount question in a dispute is: Which law governs? Jurisdiction is generally determined… View Article

Comparison of Common Law and Civil Law

COMMON LAW (characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US, it is less prescriptive than civil law system,citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based… View Article

Habeas Corpus: Case studies

INTRODUCTION The right of personal liberty is guaranteed by Article 21 which says, ‘no person shall be deprived of his life or personal liberty except according to procedure established by law.’ The writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the right to personal liberty. The jurist Albert… View Article

Malaysia Legal System

What is Law Law is needed to ensure good conduct of people and peace in society. Therefore, government makes necessary laws whenever needed. Law is an obligatory rule of conduct. Government makes law to regulate the conduct of people in society. Law requires that people should behave well with fellow members in society and must… View Article

Introduction to Civil Law

Since Roman law there has existed an understanding regarding the structure of the body of legal norms, in that legal relations between actors (so‐called legal subjects) can mainly be of two kinds. One involves equality between the players: legal subjects are free to enter into the legal relations of their choice, and they have the… View Article

Benford’s Law

Benford’s law, aka first-digit law, states that in lists of numbers of naturally occurring data, the leading digit is distributed in a specific, non-uniform way. In number sequences, most people assume that in a string of numbers sampled randomly all nine numbers would be equally probable for the leading digit. Benford’s Law states otherwise. He… View Article

Legal Awareness Is the Need of Hour

Our country is a democratic country as well as a welfare state. “Rule of Law” is the edifice on which the democratic structure has been built on. “Rule of Law” means everybody is equal in the eyes of law. In spite of this solemn principle, every day we hear news about instances of atrocities committed… View Article

The Re-Denley Principle and Beneficiary Principle

A trust is created by a settlor or a grantor, transferring property to a trustee to hold in trust for stipulated purposes and may be created inter vivos or on death by will[1]. This implies that a trust is formed when a person transfers a property or rights to another person who holds it for… View Article