Common Law Essay Examples and Topics. Page 2

238 samples

Digital Privacy Value in an Information Technology Age

Also, from the perspective of a potential employer, having access to such information enables them to evaluate whether an individual is suited for a particular position based on their history of debt, health and various [...]
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  • Words: 871

The Rights to Privacy Explained

The decision in the recent case of the City of Ontario, California v. The decision by the court puts the issue regarding the right to privacy applicable to individuals in question.
  • Pages: 2
  • Words: 666

The Reno v. American Civil Liberties Union Case

As such, it focused on determining whether the two provisions in the CDA criminalizing the display of 'obscene' and 'patently offensive' online materials violated the First Amendment. That is, the constitutionality of the law restricting [...]
  • Pages: 3
  • Words: 803

Federal Motor Carrier Safety Administration

Safety on the roads is received the highest priority for the government as the growing number of accidents because of fatigue of the truck drivers prove the significance of the issue.
  • Pages: 4
  • Words: 1111

Functions of the Law Overview and Analysis

The functions of the law may be termed differently, but the key principles would be more or less the same: the primary role of the law is to maintain the stability of the system by [...]
  • Pages: 2
  • Words: 665

The Security of the Public Analysis

The scenario depicts that Kris is not paying attention to the consent agreed on the probation conditions. It is also crucial to ensure that the citizens are granted rights and freedom to stand trial to [...]
  • Pages: 3
  • Words: 837

Cultural Property and Its Protection in Armed Conflicts

The response of the international community to the mass destruction of cultural property in the Middle East was immediate, and many governments referred to the goals and principles of the 1954 Hague Convention as well [...]
  • Pages: 12
  • Words: 3247

The Fifth Amendment: Double Jeopardy Clause

In addition, the opponents of the amendment argued that the double jeopardy could be detrimental to the defendants, because the appellate court would have to reverse the conviction in the case of a no new [...]
  • Pages: 3
  • Words: 856

Rules of Standing and the Grounds of Judicial Review

This paper discusses the extent to which rules of standing and the grounds of judicial review have struck the right balance between helping claimants achieve justice and protecting the executive and public bodies from excessive [...]
  • Pages: 8
  • Words: 1968

Information Technology Acts: Overview

The main purpose of the law is to "provide a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund transfer systems".
  • Pages: 3
  • Words: 860

Fast-Food and Tobacco Industry Regulation

The paper will look into regulations in the tobacco industry and the nature of the fast food industry that may call for similar regulations as in the tobacco industry with the aim of identifying the [...]
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  • Words: 850

Remedies as an Area of Law in General

They are usually granted after judgment or hearing where the court orders the plaintiff and the defendant to reach an agreement but the settlement has to be within the operations of the law.
  • Pages: 4
  • Words: 1131

Mandatory Mediation: Does It Go Too Far

Another essential element of mandatory mediation in relation to other forms of alternative ADR's is that it allows the concerned parties to have a win-win configuration.
  • Pages: 15
  • Words: 4064

Constitutional Law: Analysis

The interpretation of this meaning is that in case any other legislation goes against or violates any contents of this constitution, then such a legislation will to the extent of the violation of the constitution [...]
  • Pages: 6
  • Words: 1672

Analysis of a Specific Supreme Court Decision

The issue of fetal protection and the safety of pregnant mothers as provided in the Johnsons' Control fetal policy is one that, not only draws particular attention to the parties that it seeks to address, [...]
  • Pages: 4
  • Words: 1091

State Court Statistics Project

Statistics show that the state of California has one of the highest court case filings, there are three different courts in California; these courts are spread around the 58 counties of California. Except for California, [...]
  • Pages: 2
  • Words: 791

The Rome II Regulation Analysis

This regulation is based on conflict rules and includes the laws and rules of the parties involved into the conflict, laws of countries where the conflict appears, and laws of other parties that are more [...]
  • Pages: 2
  • Words: 615

The Stolzenberg Litigation Analysis

With the help of the case offered, it becomes possible to explain numerous legal problems like conflict of laws and its connection to the English judgment, the impact of Common Law rules and the existed [...]
  • Pages: 2
  • Words: 578

Researching the Natural Law School

Both corporate, legal, science and business laws compose natural laws learned in the natural law school. In the natural law school, natural laws depict nature to exist everywhere.
  • Pages: 3
  • Words: 857

Researching Conflict of Laws

So what is conflict of laws? "Conflict of laws is a set of rules of procedural law which determine which legal system and the law of which jurisdiction apply to a given legal dispute". And [...]
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  • Words: 826

Tillotson Extracts and Factortame Litigation

Nevertheless, the role of private parties in the infringement of Community law is underlined in the paper in order to point out the ability of such doing by a Member States at the national level.
  • Pages: 2
  • Words: 548

Tort Law: EMTALA

A liability on the part of the hospital was possible after amputating the first and second wrist because according to EMTALA, there is a need for screening of the emergency medical condition.
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  • Words: 545

Environmental Law: Case Analysis

It was within his rights to greet and talk to whoever person was invited to the party. It is the responsibility of every person that is driving to obey traffic rules.
  • Pages: 4
  • Words: 1185

Oral Contracts in the US

But contrary to the oral contract, the voyage took in excess of 22 hours to deliver the oysters, occasioning great loss to the plaintiff and death to the oysters.
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  • Words: 1165

Gambling: Debate Against the Legislation of Gambling

More significantly, the Australian government has so far adopted a conciliatory and indulgent attitude towards most kinds of gambling, which has been the main reason for the rampant growth and proliferation of both forms of [...]
  • Pages: 4
  • Words: 1189

Discussion of The Right to File a Lawsuit

My father and my friend's mother agreed that the right to file lawsuits can be seen as a protection, and a "representation of freedom", explaining that without such right we would not have been among [...]
  • Pages: 3
  • Words: 967

Judicial Activism in Australia

This is where the judicial activism came about whereby even if it is not the duty of the judges to make a law, they can use the law to fit in a new situation.
  • Pages: 5
  • Words: 1494

Civil Procedures in New Zealand

However, under adversarial systems, the Courts, and more specifically the judges, act upon the evidence and arguments put forth by the attorneys of the contestants "Adversary theory holds that requiring each side to develop and [...]
  • Pages: 11
  • Words: 3146

Rights and Freedoms: The Court Case Terry vs. Ohio

All these rights are noted in the constitutions of the countries along with the obligations of the citizens."The Bill of Rights" is a very important document in the life of Americans, as this Bill guarantees [...]
  • Pages: 4
  • Words: 1091

Helpful Asset for the Field of Corrections

In his book, Foucault addresses the essential ways in which discipline might become a helpful asset for the field of corrections and improve the process of creating the required freedoms for proper control over the [...]
  • Pages: 5
  • Words: 1395

Exercises for Message: Generating Message

Use one or more of the three strategies to find a topic just right for your purpose, audience, and genre. Stronger gun control laws in Pennsylvania Children and public safety in regards to having guns [...]
  • Pages: 1
  • Words: 564

The Code of Hammurabi

Referring to the text of the Code of Hammurabi, this paper will discuss the class structure of Mesopotamian society, manifestations of inequality, justice administration, a system of penalties, and the status of women.
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  • Words: 673

Equal Protection of the Laws

Therefore, it is possible to say that all schools in the State of Washington are funded, but the existing funding system is not equal for all students.
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  • Words: 586

Law, Business and Society: Law Study

The approaches differed in the fact that while in Edgewater the judges interpreted whether by being found in a motel room at the time of the alleged incidence the employee was acting in the scope [...]
  • Pages: 10
  • Words: 2719

American Promise: Level of Injustice in the Country

This was through showing how he had formulated the rules that governed the people and the strategies he had employed to make sure that he always influenced every aspect of the ruling, from the executive [...]
  • Pages: 2
  • Words: 558

Pornography or Obscenity and the First Amendment

Amendment 1 of the US Constitution states that the "Congress will make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, [...]
  • Pages: 4
  • Words: 542

The University of Michigan Cases: Grutter v. Bollinger

In the case of Grutter, the Court considered the admissions policy for the University of Michigan Law School, and in the case of Gratz; the Supreme Court struck down the undergraduate affirmative action program at [...]
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  • Words: 1013

Administration of Justice: America History

During these particular years, most of the traditional forms of punishment could be applied since they were the only ways of administering justice to the members of the society so that they could live upright [...]
  • Pages: 6
  • Words: 2018

Police Liability Issues and High Speed Pursuits

These discussions have assorted from the issue of the police pursuit of any vehicle for any particular reason to pursuits that are not carried out which will give the reason to the illegal constituent to [...]
  • Pages: 10
  • Words: 2965

International Human Laws Definition

Thus, the use of IHL, which still emphasizes the humane treatment of people not involved in military action, is not contradictory to the guidelines of IHRL. All in all, the development of IHRL and IHL [...]
  • Pages: 2
  • Words: 578

Legal Issues of Ending a Relationship

According to Schubert and Samaha, "the earnings of both spouses and property rights acquired with those earnings during the marriage are lumped together and each party receives a percentage of the whole". Lautner's claim to [...]
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  • Words: 227

The Law as the Progressive Science

The modern individual is likely to see the statute as unlawful as it violates the rights of women. This statute can be regarded as an effective illustration of the need to see the law as [...]
  • Pages: 2
  • Words: 584

Public Opinion: Heroin and Other Opioids

The article "Public opinion and public policy: Heroin and other opioids" by Cook and Brownstein examines the extent to which public opinion is expressed in drug policy.
  • Pages: 2
  • Words: 578

Ethical Standards and the Work of Lawyers Today

Generally, the rule requires the lawyer to be transparent and open, and it is also important that the client provides written consent, which should be composed as an informed consent and should explicitly entitle the [...]
  • Pages: 5
  • Words: 1437

Common Law: Quitclaim Versus Warranty Deeds

Patel would anticipate with regard to the property is the fact that there is no assurance on the title of the property because of the lack of a title covenant as the property is transferred [...]
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  • Words: 558

Mass Media Law’s Analysis

Indeed, the existing regulations show that the specified action is defined as flag desecration can be interpreted as an affront of the citizen of the United States, as well as the disdain for the law.
  • Pages: 3
  • Words: 850

Retributive Justice vs. Restorative Justice

I believe that the concept of retributive justice is more realistic for the justice system as it dwells on the idea of crime as a malfunction in a governmentally-controlled human social system.
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  • Words: 551

Law and Legal Institutions Analysis

The courts of the English king established laws that became laws of precedence for future courts, which would refer to such laws while determining other cases. Some countries which were colonized by the Europeans retained [...]
  • Pages: 2
  • Words: 343

Military Justice Issues: People’s Rights and Freedoms

According to the so-called declaration of the military men's rights, that is, the Uniform Code of Military Justice, every single man in the army or the navy has certain inalienable rights and, certainly, responsibilities.
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  • Words: 611

Property Law: Legal Rights and Actions Assessment

The law allows a person to claim ownership of a property by adverse possession if the person has been using the property for at least 15 years without the knowledge or agreement from the legal [...]
  • Pages: 2
  • Words: 601

“Commodity and Propriety” by Gregory Alexander

These cases indicate that in the legal tradition of the United States, property cannot be reduced to the mere status of the commodity since this assumption overlooks the development of the country and the evolution [...]
  • Pages: 7
  • Words: 1931

American and European Legal Histories and Marxism

The key ideas of Marx regarding the law were laid out in his collaboration with Engels, the Communist Manifesto, in which the authors criticize the entire institution of government being subjected to the rule of [...]
  • Pages: 7
  • Words: 1952

Cyber Law and Information Assurance

The principal goal of the Children's Internet Protection Act is to ensure the safety of Internet usage while controlling the accessibility of the particular types of content to children.
  • Pages: 2
  • Words: 758

Fair Housing Act: A Suit by the Miami City

Facts of the Case: This was a suit filed by the Miami City against the Bank of America and Well Fargo Bank based on the allegation of violation of the Fair Housing Act.
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  • Words: 512

Property Rights in English, Islamic, and Saudi Law

The paper endeavors to observe the distinction between the operation of these rights within the three jurisdictions by answering the questions of how these rights are created, how they operate in the different legal systems, [...]
  • Pages: 14
  • Words: 3805

California Real Estate Discrimination

These acts include the real estate license law, the Fair Employment and Housing Act, the Housing Financial Discrimination Act, and the Unruh Civil Rights Act among the federal laws.Mr.
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  • Words: 1097

Facts, Rules and Issues in Legal Procedure

Rules and issues are derivatives of facts, and are used to conclude the case. Issues and rules may in a similar manner lead to the restructuring or the framing of the facts.
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  • Words: 550

Life Insurance Policy Choice

Whole life insurance is a fixed premium insurance policy which covers the lifetime of the insured, as long as the premiums are paid.
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  • Words: 1209

Law, Society and Big Corporations

In order to ensure that the laws of a society are relevant, it is imperative for state governments and law makers to formulate laws that are in tandem with the constant changes in a given [...]
  • Pages: 10
  • Words: 2746

Akaka Bill: Issues, Support and Opposition

The Akaka bill has received support from many quarters based on the provisions of the bill which will seek to recognize and protect the identity of native Hawaiians in a new governing entity.
  • Pages: 5
  • Words: 1470

New 2014 Alabama State Laws

The criterion used to judge importance is the implication that the law has on the public, as demonstrated by media attention on the law and the involvement of stakeholder groups in supporting or expressing reservations [...]
  • Pages: 8
  • Words: 2241

The Private Security’ History and Evolution

However, it was after this era when the parliament in the United States organized a number of security studies in order to expand the scope of security channels in various institutions including the inclusion of [...]
  • Pages: 8
  • Words: 2205

The Freedom of Information Act

The Freedom of Information Act is popularly understood to be the representation of "the people's right to know" the various activities of the government.
  • Pages: 5
  • Words: 1386

Motion to Suppress Evidence

The basis for the exclusion of the evidence is provided for in the US Constitution. As a result of this assurance by the police, the defendant voluntarily accepted the officers to question her without the [...]
  • Pages: 7
  • Words: 1949

Qawaid Fiqhiyyah Regulations

These rules are evident in the Islamic banking system in the form of fiqh rules in the munakahat and other transactions.
  • Pages: 2
  • Words: 563

Negligent Tort Elements and Remedies

The complainant must prove to the court beyond any reasonable doubt that the following occurred; that the defendant has a duty to the plaintiff, the general public, employees including the complainant, he or she must [...]
  • Pages: 2
  • Words: 580

Tort Law: Negligence and Liability

On the other hand, tort of negligence refers to all the actions that violate the expected standards of duty and care without intentions of doing so.
  • Pages: 2
  • Words: 607

Intellectual Property Laws

A trademark needs to be registered for this service and this will include features such as the name of the service, a special logo created to distinguish the service, colors designated to be used in [...]
  • Pages: 8
  • Words: 2188

The Five Types of Bankruptcy

These types are determined according to the peculiarities of the procedure of bankruptcy and with references to the company, municipality or an individual as the owner of the resources.
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  • Words: 601

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.
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  • Words: 582

Economic Analysis of a Common Law Doctrine

In awarding the fines, the court considered factors such as the financial means of the defendants, criminal records of the defendant, cooperation of the defendants during the trials and hearings at the court, whether one [...]
  • Pages: 10
  • Words: 2715

Protection of the Innocent

The National Society for the Prevention of Cruelty to Children reports that approximately 50,500 children in the UK are at risk of child abuse.
  • Pages: 3
  • Words: 863

Tort Reform in the United States

Tort reforms in the US are simply ideas that are designed to change the way the civil justice system works In her blog 'Tort Deform: The Civil Justice Defense blog, Protecting America's Access to Courts', [...]
  • Pages: 5
  • Words: 1472

The Concept of “Qui Tam” Term in Common Law

If the court dismisses a case as a false accusation against the government, the plaintiff or the person who files the case may end up being dismissed from the corporation if he or she is [...]
  • Pages: 2
  • Words: 598

Comparison of US Supreme Court Decisions

The major contention in this case was the National Industrial Recovery Act where the US Congress gave authority to the President of the United States to prohibit the transportation of petroleum within and outside the [...]
  • Pages: 3
  • Words: 979

The Judicial System in UK

Every district has is in possession of its own court which can in actual fact satisfy the desires of the neighboring inhabitants; no organization is ideal but the judicial system is the weakest compared to [...]
  • Pages: 2
  • Words: 620