Common Law Essays

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 on precedents provided by past judicial decisions,no written statues or prescribed texts 3)trial by the jury and the doctrine of the supremacy of the law(originally…

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Jpmorgan Chase Paper

In the summer of 2012, JPMorgan Chase, the largest leading U. S. bank, announced trading losses from investment decisions made by its Chief Investment Office (CIO) of $5. 8 billion. The Securities and Exchange Commission (SEC) was provided falsified first quarter reports that hidden this massive loss. Discuss how administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking,…

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Civil and Criminal Actions

Civil and criminal actions involve important aspects of the justice system, but the way in which each action is dealt with is different. In the early phases of the development of the laws, civil and criminal actions were dealt with in the same manner. Over time, law makers have developed differences in these two actions. The differences between them can be made by who prosecutes the cases, the details of the cases, and the outcomes sought in the cases. Civil…

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Norman Conquest 1066

King Edward had taken a vow of chastity, so upon his death in 1066 there was lack of a clear heir to the throne. There were 3 contenders: * William of Normandy – nephew of Edward, claimed that Edward promised him the throne and that Harold II of had sworn agreement to this. * Harold II – riches and powerful of the English aristocracy. * Harald III of Norway – based on previous agreement between Magnus of Norway and the…

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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 Venn Dicey wrote that the British Habeas Corpus Acts “declare no principle and define no rights, but they are for practical purposes worth a hundred…

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The History of English Legal System

I would like, therefore to discuss about the History of The Juries System, the roles and the composition of Juries System on how it was brought to the ENGLISH LEGAL SYSTEM. Firstly the modern jury derives out of the ancient custom of many ancient Germanic tribes whereby a group of men of good character was used to investigate crimes and/or judge the accused. The same custom evolved into the Vehmic Court system in medieval Germany. In Anglo-Saxon England, juries investigated…

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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 lives of most of the people of our country is the Hindu and Muslim law (Sharia law). Both these laws have varied approach to civil…

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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 against women and children, excesses by law enforcing agencies, harassment of citizens by officials, cheating by seller of goods, exploitation of the weak, stories of…

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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 the common law system. The civil law system has its roots in ancient Roman law, updated in the 6th century A.D. by the Emperor Justinian…

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Elements of a Contract Scenario

1. Jack has to decide whether to engage an attorney. What would you advise? I would advise jack not to engage an attorney in the case. First, the fact that the old woman who sold the china shows signs of Alzheimer is enough to nullify the contract. A person can only get into contract if they are understand the terms and are considered to be competent. A person engaging in a contract should be able to understand all the ramifications,…

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International Business

Review Questions 2.- Why is it important for you to study international business? * Almost any large organization you work for will have international operations or be affected by the global economy. * You start your own business, you may find yourself using foreign-made materials or equipment, competing with foreign, and perhaps even selling in foreign markets. * Keep pace with your future competitors. 5.- What is portfolio investment? * Foreign portfolio investments (FPI) are purchases of foreign financial assets…

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Jpmorgan Case

We trust banks to hold our money and to help make use get more in investment and other ways. One of the most trusted banks is J.P. Morgan Chase they are easily one of the most well-known banks that exist. J.P. Morgan Chase on May 10, 2012 disclosed that they had lost more than $2 billion by trading financial derivatives. The administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) take action in…

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Aspects of Contract and Neglegence for Business

INTRODUCTION This report focuses on the identification of the aspects of contract and negligence for business. There are agreements and contract in every business in recent than before. Verbal agreements are usually no longer used by the businesses. Written agreement in the form of contract is ore preferable to all. But, the profitability of contract is incomplete if the regulations and aspects are unknown. Well acknowledgement of contract in business provides a legal documentation securing the expectations of the parties…

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The Internal Morality of Chinese Legalism

Abstract It is widely held that there are no indigenous roots in China for the rule of law; it is an import from the West. The Chinese legal tradition, rather, is rule by law, as elaborated in ancient Legalist texts such as the Han Feizi. According to the conventional reading of these texts, law is amoral and an instrument in the hands of a central ruler who uses law to consolidate and maintain power. The ruler is the source of…

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Domestic Contract on International Laws and Customs

Addressing International Legal and Ethical Issues Simulation Summary In January 2007, CadMex developed a technique for the quick manufacture of some medical agent. Gentura also developed a technique called ProPrez, which is an anti-diabetic agent. Gentura is located in Candore, which is a dictatorship. CadMex decided to go into business with Gentura that would give them global marketing right to ProPez. The contract needs to have measures in place to protect CadMex interest concerning property rights and potential dispute. There…

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