Common Law Essay Examples and Topics

Utilitarian vs Libertarian Principles

Introduction Common law arises from the decisions made by court judges rather than from the actions of the legislative or executive branches of government (Gray 120). Under the common law system, greater weight or precedence is placed on common principles that bind similar courts or tribunals considering that similar facts can be treated in the […]

Ban of Tobacco Smoking in Jamaica

Introduction Countries across the globe continue to promote the need to ban smoking in enclosed and public places. The paper states that cigarette smoking in public and enclosed places should be banned because it does not only harm people’s health but also causes diseases and affects both the active and the passive smokers. The first […]

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 […]

Indigenous Land Rights vs Non-Indigenous Land Rights

Introduction The common law canon of land law known as the principle of Aboriginal title is what is referred to as the doctrine of native title in Australia.1 Under this doctrine, the land law of Australia appreciates the fact that there does exist indigenous people in the country who have rights, as well as interests […]

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 […]

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 […]

Negligent Tort

The Webster dictionary defines tort as an action which causes harm to other people (Fleming, 1992). It can also be termed as a civil wrong caused when individuals indulge themselves in unreasonable actions. Tort claims are based on the belief that people should always take responsibility of their actions, especially, when such actions cause injuries […]

Intellectual property laws

Intellectual property laws have long been known to serve as market stabilizers. This function is especially achieved by getting rid of the low success rates for upstart companies occasioned by open systems that allow some people to use other individuals’ creations especially for intangible goods like what MoneyGram offers. Intangible goods are generally viewed as […]

Open enrolment Act in California

The open enrolment policy was enacted into law in 7 January 2010 before it became effective in April of the same year (Rho-ng & Noteware, 2011). This came into existence after a requirement from the legislation that the department of education in California should reproduce a list of 1,000 California schools that had low achievers. […]

The Five Types of Bankruptcy

When a company or an individual has no abilities to pay back the debts they can use such retrenchment strategy as bankruptcy. In this case, the company or an individual, but not a creditor, will be considered as an initiator of bankruptcy. Bankruptcy can be discussed as the effective strategy for avoiding significant debt obligations […]

The Common Law Background of the Fourth Amendment

Most of the legal declarations that make up the Bill of Rights, including the Fourth Amendment, were founded on the Common Law, which existed in the 16th and 17th century in England. As a matter of fact, three British law-related cases prompted the Fourth Amendment. Two out of the three cases were tried in England, […]

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 […]

One nation under law

Cherokee Indian case revealed the weaknesses of the American Supreme Court as the provisions were not in line with the American constitution. In 1832, the US Supreme Court exercised it powers in enforcing rights of the Native Americans against the state. The Supreme Court had ruled before that it lacked the mandate in ruling over […]

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 […]

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 […]

Civil Rights for Disabled

Introduction A disability may be described as a physical or mental destruction that restricts an individual from carrying out the major activities in life such as seeing or walking. Most people view disabled persons as people with complete disability to perform the normal activities. People with AIDS and other disease such as tuberculosis are also […]

The Common Law Doctrine of Privity of Contract Seems Unjustifiable

Introduction The privity of contract doctrine states that it is only parties involved in a contract have the legal mandate of taking any action meant to enforce such a contract. Thus, a third party beneficiary has no legal mandate of enforcing the same when the benefits promised are denied. Reflectively, this may not be justifiable. […]

Tort Reform in the United States

A tort can be described as a civil immoral doing or an action that is not inevitably illegitimate, but one that makes another person suffer loss or mischief. In the US, any person who suffers a loss or any impairment has the right to reclaim the loss. Such a person is entitled to claim compensation […]

The Concept of “Qui Tam” Term in Common Law

‘Qui tam’ is a common law term that refers to a lawsuit filed by a private citizen or a whistleblower against the government for alleged involvement in violation of performance contracts. Qui tam is also applicable in case when the government is involved in a general misconduct against what is stipulated in the statutes. A […]

Comparison of US Supreme Court Decisions

Introduction The purpose of this essay is to compare the various court decisions made by the Supreme Court before and after 1937. The United States Supreme Court is the highest federal court in the United States and it is charged with the mandate of deciding cases based on a majority vote by the various judiciaries […]

Law Opinion Paper

Introduction This essay will briefly discuss the creation laws in the US. A special attention is given to the common law heritage and US court system as sources of laws. An opinion is also given on what should and should not be taken into account when the laws are being formed. Creation of Laws Laws […]

“The Magna Carta” by Stephen Langton

Introduction The Magna Carta has become known as the first successful attempt on limiting the powers of a ruling authority by citizens under the authority. The document, signed by King John of England in the presence of witnesses, gave more freedom for the people of England in later years. The documents in the Magna Carta […]

The Judicial System in UK

The judiciary is a configuration of courts which interprets and puts in action the decrees in the state. It gives a means for settling disagreements among people. It neither formulates nor enforces laws. Its duty is interpreting the law and applying evenhandedness to the information offered in a court case. Lawyers, the police force, panel […]

The supreme court, in the case of kelo v. The city of new london

In America, there have been severe allegations that activist judges have grown. This has been the result of some decisions that have been taken by judges that have not gone down well with most politicians and other people. Diverse views are raised on the ruling of judges. For some activist judges exist and for others, […]

Concepts of Civil law Versus Sharia Law

Introduction Owing to diversity in individual character, it is very hard to manage people without use of correctly drafted and recommended set of doctrines. These doctrines help to guide practices and solve problems not only in local settings, but also in international scenarios. Since time memorial, these set rules have been the main guiding principles […]