1. DEBATE A. agree B. tame C. dispute D. ignore 2. HAVOC A. wonder B. peace C. chaos D. warfare 3. EXCAVATE A. scrape B. hollow C. bury D. mask 4.
The American Legal System The American legal system has been influenced by many historical rulers and laws. Three that have influenced the American legal system the most are Roman laws, moral laws and Hammurabi’s code in my opinion. One legal system that influenced the American legal system are Roman laws. I picked Roman law because it said that law has been defined as the “Art of social control”; a system of rules regulating the conduct of man.
However the high court have all the rights and power to reconsider common law which was exactly the case in this situation. The role of
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
5.)What is the nature of law as described in Common Sense? Over whom is it binding and why? Common Sense if basically a rant on how badly the English have treated the colonists and why they should attempt to become independent from British rule. In his writing Paine states that in a monarchy the king is the law so in a free country the law should be king. In the colonies the king was the law for the colonists and the law was unfair and cruel.
The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.
Specialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).
It was revealed by a survey carried out by National Consumer Council how unhappy and unsatisfactory people were with the Civil Justice System. The main weaknesses identified were that the system being too slow, too complicated for ordinary people to understand and too outdated and costly. In the continued criticism of the system Lord Woolf was appointed by the government who came up with suggestions and solutions to overcome these problems. As a result Civil Procedure Rules came into force on 26th April 1999 introducing different reforms to the system. The rationale of the reforms was to avoid litigation and promote settlement between the parties at dispute.
Aaron Salomon was successful leather merchant that specializes in the manufacture of leather shoes, for many years ran his job as a trader and sole. At the time, it was a legal requirement for inclusion at least seven people participate as members, partners of the company. Mr. Salomon, CEO himself. Mr. Solomon owned 20,001 of the 20,007 shares of the company - with the participation of the remaining six individually among six shareholders (wife, daughter and four sons).
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
The essential issue in this essay is that of the duty to give reasons. A duty to give reasons can be created either by statute or in the common law. There are three general sources from which a duty to give reasons can arise in Ireland. These are the Freedom of Information Acts of 1997 and 2001, the Constitution and EU Law. The giving of reasons is one of the cornerstones of the judicial function and a central aspect of the rule of law.
The use of ECHR or European Convention on Human Rights in British courts before it was being incorporated into United Kingdom law is an example. UK and any other country which relies to the power of legislation, should always if possible do not conflicts with the international law. Therefore the supremacy of both laws depends on the acceptance if the municipal courts to the international law
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray
Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it.
