Common Law Paper Examples

Issue in Media Law

Introduction The media was traditionally associated with print and broadcast, but the birth of internet media is slowly transforming communication. With the introduction of several online forums, people now have a variety of communication channels to use when either sending or looking for information. Besides, the traditional text messaging has been transformed into more interesting […]

Motion to Suppress Evidence

Introduction In common law judicial system adopted by the United States of America (USA), the move to suppress evidence is a common practice among legal practitioners. The move takes a number of courses. In most cases, the motion entails the use of a written request before a judge in whose court the case is under […]

Human rights violations in Chile

It is crucial to begin by exploring actions that have been taken by Chile in response to the human rights violations that took place between 1973 and 1990. In order to confront past abuses and human rights violations, both civilian collaborators and the past military officers who took part in the violations have been taken […]

Texas v. Johnson Case Study

Facts: The defendant in this case, Gregory L. Johnson, participated in demonstrations that some Americans had organized to protest the policies of some Dallas-based corporations, and the Reagan administration in general. The demonstrations were held at the same time as the 1984 Republican Convention that was also held in Dallas. The demonstrators marched the city […]

Martha Stewart case analysis

Facts Martha Stewart had a total of 3,928 shares in ImClone Systems, a giant biopharmaceutical company. In late 2001, ImClone Systems was awaiting a decision of Food and Drug Administration (FDA) on a monoclonal antibody-based drug it had developed (Dove, 2002). However, some insiders in the New York Stock Exchange learned in advance that FDA […]

Punishment and Rehabilitation

The legislators closely evaluate various methods of crime prevention. As a rule, they focus on such approaches as punishment and rehabilitation. This paper is aimed at discussing the advantages and disadvantages of these strategies. Overall, one can argue that policy-makers should place more emphasis on rehabilitation since it is essential for the improvement of a […]

Legal Gun Ownership

In the US, the increase in cases of gun violence has generated heated debates over legal gun ownership (Krouse 33). Thirty-three states permit its lawful citizens to own firearms. The Right to Carry (RTC) law allows law-abiding citizens to be issued with gun permits. Critics assert that the current increase in the number of gun […]

Benefits of the Counsel

Legal issues are complex and multifaceted the world over, hence the need for clients to invest in credible and qualified counsel to guide them in the legal process. Individuals seeking justice for perceived criminal or civil wrongs often end up misrepresenting facts or entangling themselves with costly legal suits due to lack of adequate exposure […]

Compliance Issues Associated with Foreign Corrupt Practices Act 1977

Introducing Foreign Corrupt Practices Act of 1977 creates substantial grounds for companies and corporations to take preventive measures for avoiding bribery and controlling compliance mechanisms. However, as practice shows, the awareness of the existing federal law does not always prevent third parties and company’s staff from violating the provision. Therefore, it is essential for the […]

Value of Privacy Perspectives

Privacy is a value that people in the world today hold in high esteem. Traditionally, the value of privacy was based on the strong belief that each individual deserves the right to be left alone and the right to choose what he/she wants to disclose to other people. The concept of privacy has become significantly […]

Qawaid Fiqhiyyah

Introduction Qawaid Fiqhiyyah refers to the general regulations that are applicable to series of cases coming under frequent rulings. These rules are evident in the Islamic banking system in the form of fiqh rules in the munakahat and other transactions. Thus, this analytical treatise attempts to explicitly review the element of Qawaid Fiqhiyyah and how […]

ADR impact on the substance of justice

Introduction Traditionally, the courts have been seen as the last resort when it comes to arbitration of justice among parties. The court encourages parties engaged in legal disputes to solve cases using “alternative methods” which do not involve the court because the norm is that a court has to rule in favor of a given […]

The Principle of Fair and Equitable Treatment

Introduction The standard of fair and equitable treatment is currently the focus of discussions in different podiums. This standard seeks to protect international investors from exploitation and other forms of malpractices by host states. Prior to the establishment of the standard, most intellectual debates on international investment concentrated on possible ways to safeguard alien investors […]

Effectiveness of the New Beginnings Re-entry Program

Program evaluation is the systematic collection of information about the activities, characteristics, and outcomes of programs. The information is then used to make judgments about the program and improve the effectiveness of the program. This also suggests that evaluation determines the worth, merit, or value of something (Patton 1997). New Beginnings Re-entry Program is a […]

The Defense of Marriage Act (DOMA)

Introduction In 1996, the US congress approved the Defense of Marriage Act (DOMA), which was a federal regulation that explained marriage within the precincts of law. It stated that marriage is a consensual union between one man and one woman. The law was supported by the assembly and was consequently consented by the president. Under […]

Negligent Tort Concept

Introduction Tort as used in common law is a civil wrong. It is a law that allows an individual who has suffered harm or loss to be compensated. The harm or loses may have been caused by another person’s behavior. For instance, in a case where a person suffers legal injuries, he or she is […]

Equal Opportunity and the Law

Many analysts have examined the effectiveness equal opportunities laws and its associated aspects, encompassing disparity, unfairness, intolerance, multiplicity, and lack of opportunities expansively which has added to extensive intellectual growth to the field. Nonetheless, the efficacy of enforcing the equal opportunities and affirmative action statute to business organizations is still contentious. Consequently, this paper intends […]

A brief summation of the rulings

Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 This was one of the notable cases in the US Supreme Court that encompassed standards for admitting and articulation of expert testimony especially in federal courts (Shana & Hackett, 1996). This case was about two children namely Eric Schuller and Daubert Jason who were born with birth […]

The Common and Civil Law System

There are two legislative traditions that are very widespread in many countries; in particular one can speak about the common and civil law systems. This paper is aimed at discussing the similarities and differences between these approaches. Furthermore, one should show how these differences can affect the work of many companies, for instance, American firms […]

Mortgage and Housing Act in the U.S

Introduction It is pointed out that, “in its preamble to the 1949 Housing Act, Congress declared its goal of ‘a decent home in a suitable living environment for every American family’” (Schwartz 1). In the course of over the last six decades, beginning from the time this legislation was passed, the U.S Federal Government has […]

The Evidence Act 2008

Introduction The Evidence Act 2008 (Vic) was created to reform the law on evidence in the criminal and civil trials of Victorian courts as proposed by the Law Reforms Commission of Australia.1 As much as the common law was intended to create reforms in the act of Evidence there are still loopholes that the Act […]

Rights to Civil Disobedience

Thesis Statement Legal positivism must be committed to the view that there is a right to civil disobedience. In some instances, the failure to have a clear legal meaning of civil disobedience rationalizes the need for guaranteeing the citizens the right without prejudice. Introduction From a liberal point of view, the government should endure some […]

Economic Analysis of a Common Law Doctrine

Introduction Over the recent times, the relationship between economic endeavors and the law has witnessed an upward mobility. According to Truman, the relationship between laws and economies is preliminarily based on the fact that laws help protect and govern the manner in which economic endeavors take place. On the other hand, the economy provides the […]

Snyder v Phelps

The American Supreme Court has been criticized by a section of members of society in recent years mainly because of its argued decisions in numerous high-profile cases. The court’s approach in recent years is perceived to be open to discussion if one considers carefully the case of Snyder v. Phelps. The first trial, at District […]

The Judiciary system

The lectures on the American Judiciary leave one with a strong impression of its sheer complexity. The American Judicial system is believed to be the most complex and dynamic legal system in the world. This complexity is further heightened by the fact that the United States is a large country with several minor state judicial […]

Possible use of common property to address common problems

Resources are limited whereas needs are insatiable; how well a society utilize the available common resources determines the level of utility the society derives. When exploiting resources, people tend to do so their own benefit; there lack corporation among themselves without a controlling body; controlling body regulate exploitation of common resources for the benefit of […]

Irish Libel Suit Earns Record Damages Award

Abstract This paper analyses a recent libel suit involving an Irish mining executive who brought a libel suit against his former employers Kenmare Resources. Donal Kinsella received close to $14 million in damages in 2010 after the jury found in his favor. Kinsella launched the suit in retaliation for a company issued press release which […]

Should Marijuana drugs be decriminalized?

Introduction Marijuana also known as Cannabis Sativa and a psychoactive drug is the most widely used illicit substance in the world. The main active ingredient of Marijuana is Tetrahydrocannabinol and is as a stimulant and hallucinogenic (Kailash 2007, 62). It has been used for recreational, religious and medicinal purposes since historic times. Currently it is […]

The working legal system in the United Kingdom

Introduction The working legal system in the United Kingdom covers four countries where each of the four countries form three independent jurisdictions consisting of their own court and legal system according to Sawyer (2005). The countries that make up the United Kingdom commonly known as the Great Britain are England, Wales, Scotland and Britain. The […]

Death Penalty Debate

Introduction Death penalty has been a serious debate issue both in the United States of America and other parts of the world. There have been those who champion for the abolition of death penalty and there have also been those who want the death penalty to be maintained citing that some criminals cannot be tolerated […]

Protection of the Innocent

Children are vulnerable people in need of love and protection by their families and the community. The United Nations Convention on the Rights of the Child (UNCRC) has been committed to ensure such protection, as specifically stated in Article 2.2: “States Parties shall take all appropriate measures to ensure that the child is protected against […]

The Judicial Branch

Rights and Liberties Rights and liberties is a term that refers to the set of rights granted to an individual by the virtue of them being American citizens. The major component of these rights and liberties are the contents of the fundamental freedoms and privileges contained in 13 and 14th amendments of the United States […]

The Older Americans Act Of 1965

Elder abuse, neglect and exploitation The Old Americans Act of 1965 has a clear section on Prevention of elder abuse, exploitation and neglect. However, it fails to give clear guidelines on how it should be prevented, assessed, intervened, detected and treated (Herbert, 2000). It also lacks on channels to access public education and prevention of […]

Print Your Gun at Home

Just a few years ago, 3-D printing was a futuristic idea of something that would never be real. It resembled a picture of the meals that would materialize in the oven after a single touch of a keypad (D’Aveni). Today, 3-D printers have become an important element of many people’s daily routines. They have caused […]

The Safe Streets and Communities Act

Issue The Safe Streets and Communities Act was adopted in 2012; this legislative act includes several important elements such as the adoption of minimum sentences for drug and sexual offences, the abolition of house arrests for a wide range of crimes, and stricter immigration laws[1]. This bill is supposed to make the Canadian society more […]

Opinion of the Judge

In 2011, the funeral of Marine Lance Corporal Matthew Snyder organized by the soldier’s father Albert Snyder in Westminster, Maryland, was picketed by Fred Phelps and the members of his family belonging to the Westboro Baptist Church. Phelps proclaimed that the deaths of soldiers should be discussed as God’s punishment for the nation’s tolerant attitude […]

Brown v. Board of Education (1954)

The case between Brown and the Board of Education (Brown v. Board of Education 1954) is usually considered a landmark ruling in the United States since the Supreme Court declared the law allowing separate schools for blacks unconstitutional. In a previous ruling involving Plessy and Ferguson (Plessy v. Ferguson 1896), the court ruled in favored […]