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Common Law Essays

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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 legal system in Ireland is an advanced system that involves formal laws. This means the law is independently existing and neutral and is enforced by...
3 Pages 1499 Words

Mechanism and Benefits of Common Law System in Canada

The common law system is recognized as an older; as well as proficient technique in quite a few countries helping making the system of law a better one. In Canada, common law is used and based on judges past decisions rather than written law (Department of Justice, 2017). The common law system takes past decisions made by judges and uses them in new situations that are similar to the original event – otherwise known as the term “stare decisis,” which...
2 Pages 763 Words

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 Cromwell’s military campaign in Ireland between 1649 and 1652. Society has changed immeasurably since 1066. It is also vastly different in 2019 to how it was in 1652. It is vital that the law adapts to reflect these changes. This is possible with a common...
4 Pages 1877 Words

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. Roman-Dutch law was officially acquainted as the common law of the territory by Proclamation 21 of 1919, (S.W.A Gazette, No. 25 of 1919) which provided...
1 Page 471 Words

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 unpredictability of the future may at times render the law defective in dealing with new occurrences and strict legal enforcement thereof would animate injustice- this...
6 Pages 2841 Words

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 law’s 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 the common law system. In the Earl of Oxford Case (1615) 1 Rep CH 1at 6, the common law had awarded a judgment against a...
5 Pages 2131 Words

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. It is also important to note that it remains a source of the UK’s unwritten constitution. Its purpose is to create order for constant principles...
6 Pages 2579 Words

A Judge’s 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 civil law systems. Comparisons will be made of the People’s Republic of China to the Australian legal system, assisting with the analysis of the statement....
4 Pages 1698 Words

Tension between Equity and Common Law as Legal Systems: Analytical Essay

Question 1 – Compulsory Northumberland County Council’s 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 Aleena’s own account and her distribution of the money in question. Tracing is possible in this case but there are certain conditions that have to be met....
5 Pages 2498 Words

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 make law through interpretation. In the common law system, the judge’s task is to discover and find the law, meaning judges should verify facts, locate...
3 Pages 1444 Words

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 is also known as an issue. To spot an issue we need to be able to identify the facts that raised the issue. Law is...
1 Page 444 Words

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 be recognized, to be specific, engaging and prescriptive ones. The previous depict how something carries on, the last endorse how one ought to carry on,...
4 Pages 1652 Words
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