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Differences between common law and civil law
Differences between common law and civil law
Differences between common law and civil law
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When Rampart Security was hired by Nationwide Discount Furniture to install an alarm in its warehouse, Rampart Security took on the obligation of notifying Nationwide immediately in the event that a fire should set off an alarm in Rampart’s office. When a fire did breakout, Rampart allegedly failed to notify Nationwide, causing the fire to spread next door and damage a building owned by Gasket Materials Corp. By failing to notify Nationwide of the fire, Rampart failed to complete their delegated responsibilities, thereby breaching their contract with Nationwide. Though Rampart had no contract or delegated responsibilities towards the Gasket Corporation, the neglect of their responsibilities to Nationwide did result in damages to Gasket property.
Facts: Earl Enmund along with a codefendant at the Florida Supreme Court, was convicted of first-degree murder and robbery as well as given the death penalty. Enmund was not present at the time of the murder, he was in the car waiting for the codefendant to return in order to escape. Under Florida law Enmund was made the aider and abettor meaning that he can be held to the same extent as the principal. Issue: Does the death sentence violate the Eighth and Fourteenth Amendment for someone who did not commit the murder but was the getaway driver? Reasoning:
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
What is actually happening is allowing Supreme Court justices to serve for life. An article stated that “by making new appointments less frequent, longer tenure has diminished the abilities of presidents and senators to provide the only form of democratic accountability that is consistent with judicial independence,” (Jr., Stuart Taylor. ). William Douglas, who has set record for Supreme Court tenure (almost 37 years) who has cast the deciding vote, along with Hugo Black who retired at the age of 85 and Thurgood Marshall who retired at the age of 83. “ I’m getting old and falling apart,” Marshall said on his last day (Jr., Stuart Taylor. ). That’s why it is better to bring fresh perspectives, and especially those people who understand the
United States Constitution Ever since 1787, the U.S. constitution has remained one of the most influential and important documents in the history of the United States. It set the foundation for which this great nation could be built upon, and there have been more than one hundred countries that have used it to model their own constitutions upon (Constitutionfacts.com, n.a.). There were a lot of very critical elements and circumstances involved in its creation. The Revolutionary War (1775-1783) that we fought against Great Britain resulted in the Treaty of Paris being signed, which gave the U.S. the authority to govern itself in 1783.
Hey Priscilla, you bring up a good point about the separation between juveniles and adults when it comes to the justice system. I agree that parens patriae should not be dispose since the government has to protect minors that can not protect them self. I know most juveniles lack maturity, development, and cognitive thinking skill in comparison to an adult, but it may be in the community they live in. Most juveniles that live in high crime areas are born into the criminal lifestyle and with parens patriae they can live a better life away from all crimes. Like you mention, juvenile offenders should join community based residential facilities to improve their well being, if they are dealing with minor offenses.
Civil commitment refers to having an individual legally declared mentally ill so they could be treated. Although state laws are different, it’s commonly based on the determination that the person is harmful to themselves, and others. During the year 1960-1980 which was the “liberal era“ the emphasis was on an individual rights and freedoms. From the year 1980 to the present the neoconservative approach has been the focal point on the preservation of law and order, limiting the rights of people with mental illness.
The Charter is the center to which all Canadian rights circle around. It is what allows Canadians to freely express themselves. The Charter protects the rights and freedoms of every single individual in Canada. However, the Charter is especially large and covers many topics and so it tends to conflict itself. Seen in the case of speaking rights where, freely speaking about a topic can to lead to hate speech which can be a criminal offence.
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.
The company can face lawsuits in various markets given - different laws and
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).
The four major legal families of law are Civil Law, Common Law, Socialist Law, and Sacred Law. Today, most nations follow either Civil Law or Common Law. Sometimes, countries mix civil and common law and use a little of both. Some countries that follow Civil Law are China, Japan, Germany, France, and Spain. The countries that follow Common Law are North America, the United Kingdom, and other Commonwealth countries around the world.
[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 legal factor include of the labor laws, consumer laws, safety standards and many more. This factors is significant because the company has to know about what is legal and what is not and follow the legislation that has been set by the government. For instance, Maybank follow the rules by the Malaysian government with setting the security in online banking system. This will keep the customers safe from cybercrime. Consequently, the legal play a main role in the PESTLE
Without effective trade secret protection by law, the protective measures taken by the companies having
