Common Law Essay Examples and Topics. Page 2

Dawn's statement that "Super Cam Causes Crashes!" is admissible under federal law and can be presented as evidence in court if he is able to prove that it is true.

The rules of statutory interpretations are sometimes referred to as 'cannons of construction' and they include the literal rule, the golden rule and the mischief rule. After this, the court must interpret the statute in [...]

Generally, the evaluation of facts shows that researches may benefit from such studies by means of actualizing their knowledge regarding the specific points of legal analysis such as studying the parties of the case, finding [...]

In the case of the tort reforms, the idea is to reduce the charges on malpractice insurance in order to make the medicine field significantly lucrative.

The duty of care is determined through the evaluation of whether the defendant has an obligation not to conduct himself/herself in a manner that can be injurious to the plaintiff under all circumstances considered in [...]

This is owed to the fact that Christie lacks the necessary documentation that she could present to the court to support her claim that she was rightly paying the $175.

From the studies and cases observed during the course sessions regarding the sport's law, it is evident that the utilization of domestic disciplinary tribunals is increasing due to their significance in the sport's realms.

One of the key issues in the legal field is the distinction between the concepts of contracts and agreements. These two concepts are extremely interrelated in legal terms.

In civil and other legal literature, the categories of contract and agreement are considered to be synonymous. However, there are a number of differences between the two concepts.

Thus, it is important to device a method of investigation that may enhance the preservation and maintenance of the integrity of the evidence.

A contract must be valid to be upheld in a court of law; the validity of a contract is determined on the basis of five elements that have been outlined above.

Mulroy asserted that he was an employee of the Western and that Olberding was involved in the incident while on his specified duty in the company.

The ultimate aim of this context is to examine the principles of Information Privacy as outlined in the Privacy Act 1988 and the reasons as to why they need amendment.

This is given the fact that the parties involved in the arbitration may encounter hurdles in the future that may compromise the fulfilment of some of the clauses in the arbitration agreement.

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 [...]

Lastly, in agreement with Botha, a sex crime is justified when the elements of mens rea and actus reus simultaneously occur.

It is a problem that involves the constitutional right to counsel, in all criminal cases in the US, through the cause of the fourteenth amendment.

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.

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 [...]

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.

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 [...]

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 [...]

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 [...]

The hardest part in medical identity theft is the fact that it is not easy to alter the records and return them to their normal status just like in financial accounts.

Intellectual property as mentioned earlier is a personal property in the sense that it is mobile and not fixed to a particular land. While most of the personal properties are acquired through other means, intellectual [...]

Some of the issues reviewed include material facts surrounding the case, legal reasoning employed by the judges, judgements concerning the case, and the opinions of the judges with regards to s109.

It should be mentioned that the employees of restaurants and hotels can also sustain their injuries in the workplace, even if this risk is lower in comparison with other industries.

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 [...]

The main purpose of seeking compensation of damages resulting from a breach is to put the innocent party in its initial position if the breach had not occurred in the first place. Huang had clearly [...]

While judges on a case-by-case basis make laws under the Common Law tradition, the legislative body is responsible for enacting laws under the Statutory Law tradition. Under the Common Law tradition, it is the responsibility [...]

Prior to the case, the general position "was that non-payment of hire allowed the owners to withdraw the vessel and to claim for unpaid hire only, but the owners had to show a repudiatory breach [...]

She further argued that she acted in her capacity as a custodian of the school to protect other students to whom she had been entrusted from the illegal use of drugs advocated by the banner.

These same principals are employed in the media industry to safeguard the interests of the community, while in on the other hand they are exploited within the employment sector so as to shield the employer [...]

According to Nossal and Wood, increasing population of inmates, economic crisis that led to budget deficits, overcrowding in prisons, and the need to reform the prison system are factors that contributed to the emergence of [...]

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".

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 [...]

The Uniform Computer Information Transactions Act proposed revisions to the Article 2 of the Uniform Commercial Code for meeting the demands of digital age by providing a viable legal framework for the information transactions.

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.

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.

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 [...]

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, [...]

This is therefore an analysis of the gender issues that affect the service providers and especially of the female gender during their duty of service in the law and order arena by critically looking at [...]

In this essay I demonstrate the rationality of the following quote by Aristotle: "The rule of law is better than that of any individual" The idea of the rule of law is that no one [...]

Owing to that market is the backbone of any successful enterprise and the basis of major success determinant functions such as sales increment, profit maximization, intelligent decision making, risk minimization, and analysis of the profitability [...]

This memorandum of law is created in support of my brother and me who try to cancel the membership in Silver's Gym due to some specific and legal reasons, but the administration of the club [...]

It is noted that the prosecutors play the position of sorting cases for a tryout in court, in reference to precedence.

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, [...]

The False Claims Act came about in the US during the American Civil War of 1861 to 1865 that saw a lot of fraud committed against the US government.

Andrews, the surgeon, is potentially liable for both gross and ordinary negligence due to a breach of the elements of duty and care despite being a professional.

The proposal seeks to understand the conflict in the application between the U. Therefore, in the U.

K parliament said it was acting in its sovereign powers and that it was superior to the European community this resulted in a breach in the European community laws set by the Economic committee 2 [...]

The liability on the side of the defendant may be reduced if it is proved that the negligence of the plaintiff was also a cause of the accident.

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 [...]

The Rome 1 allowed parties to a contract choose the country on which they will base their contract following the laws and provisions of that country; this was referred to as the "Choice of law"."Choice [...]

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 [...]

According to article number 2 of the Brussels regulation, those defendants who are domiciled in any of the states that are in contract should be sued at the location of the domicile.

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.

There is a distinction between the day and moment that the advertisement was posted in the newspaper and the time that was taken for the letter to get to the manager.

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 [...]

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.

This is because there is no breach of the sale agreement as stipulated in sale clauses and therefore the citing of these clauses is basically recognizing the nature of the agreement.

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.

According to the Common law regulations, legal professional privilege is aimed to protect all types of communications observed between the client and legal professional advisor on the basis of client's permission to be disclosed; it [...]

Islamic law can be categorized into two portions; the Shari'a which is made up of the legal verses of the Koran and the Sunna; and the fiqh which is the interpretation of these verses that [...]

Because of the sheer number of refugees and the lack of food and water, the conditions of the people were deplorable.

The students try to get into the house; they attempt to climb over a wooden, being unaware that the fence is on the verge of collapsing.

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.

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.

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 [...]

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 [...]

This is why it is necessary to prove that Landry still has the right to ask Edwards to move the storage shed to his backyard and be responsible for all losses."Contract law lays down rules [...]

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 [...]

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 [...]

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 [...]

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 [...]

It is up to the states and school boards of the district to determine the level of appropriateness in free speech and impose reasonable sanctions for circumstances such as this for purposeful use of offensively [...]

Thus, laws, such as the California 2005 law, that would prohibit the sales of violent video games to minor individuals without the supervision or consent of their parents or guardians would be considered unconstitutional.

One of the gridlock types may be political polarization a situation when people from the government are divided into contrasting groups, and there are several reasons for that to happen.

In the middle of the XX century the struggle for civil rights campaign spread out in the United States. It is necessary to say that in United States the notion of moral changed very quickly.

The emergence of English common law in the period of the reign of Henry II had the biggest impact on the development of the criminal justice system in the United States.

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.

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.

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 [...]

Therefore, the key goal of the suspension procedures according to the MN Pupil Fair Dismissal Act is to make the students aware of the probable danger of the situation.

The Marshall plan on the other hand was interested in the economic recovery of the Europe continent after the economic ruins of the Second World War.

Some people believe that copyright infringement of information in the internet do not have weight as compared to the information in the traditional printed world.explains that one of the reasons why we should guard copyright [...]

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 [...]

Therefore, the focus of this paper is the Legal System of Mexico and how practice and tradition play their role in it.

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, [...]

The US Constitution and each of the Constitution of the member-states govern the procedure in the passage of the bill into law.

The effectiveness of these programs will be measured by the frequency with which the participants re-enter the juvenile prison after successful completion of the programs.

As for state law, regardless of the court, you are in, you are obliged to cite directly adverse authority from the jurisdiction whose law the court is applying.

In this study, independent variables included the age of the children involved in the proceedings, the gender of the children, duration of time that the child has been involved in the proceedings and the in [...]

Wilkins IGRA was an act that was designed to regulate Indian games in casinos and was also among the laws that Supreme Court considered unconstitutional.

The proponents of this proposition believe that it is the most effective policy to ease congestion in the state's prisons via a substantial reduction in the number of people being sent to prison as well [...]

Secondly, pilots had the option to resign in order to guarantee the safety of their family assets, and according to Takver, this is the alternative they took.

Lopez concerned the rights of the students for hearing in case they had to be suspended from the studies. Des Moines Independent Community School District case shows that students had hardly any rights in the [...]

There are seven people in the movie, who wanted to maintain real justice and wanted to take the case to the court.

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 [...]

And finally, the look to the role of precautionary principle in the domestic environmental law will be regarded, answering the question of the status of this principle in the national and international levels.

Laws by the government that the poor should not be homeless and that those who are homeless should not be permitted to sit or roam around the sidewalks of the US cities are not fair.

Before we move on to examine the different methods of, and motivations behind, identity theft in more detail, it is necessary to first consider the nature of personal data and to understand how it is [...]

Therefore, I am of the view that the earlier the young drivers are allowed to drive the better for them. The idea that Parents too strongly favor teenage driving, for me, is also a strong [...]

An individual paternalism refers to the intention of the paternalist is to benefit an individual. A social paternalism refers to the benefit focused on either a class of individuals or a group.

Because of inconsistent and problematical data, it is impracticable to access quantitatively to what extent that drugs encourage the incidence of crime.

Moreover, the essence of the major amendments to the ADA is disclosed in the article using comparison and implications of those changes for the public use in the spheres of employment and human resources management [...]

The European Convention on Human Rights, or officially called Convention for the Protection of Human Rights and Fundamental Freedoms became one of the most significant documents accepted by the Council of Europe.

Justice on the global level is the only tool that can prevail in the redistribution of global resources to all people.

These institutions are the European Commission, the European Parliament, the Council of the European Union, the European Council, the European Court of Justice and the European council, and the European Central Bank.

This was seen by the school authorities to be an allusion to the promotion of illegal drugs. It is seen that the schools follow disciplinary policies, it is believed that this banner obliquely refers to [...]

According to Suhad et al, the basic requirements that individuals need to meet for them to be accorded the protection visa are processed by the Department of Immigration and Citizenship.

The applicability of certain laws therefore becomes the basis of a legal system and how this can be utilized in the greater complexity of certain involvements and participations. Lastly, conflicts of law and harmonization process [...]

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 [...]

All the se laws being developed in Egypt are being incorporated in one body of business law that would be governing the country's commercial sector.

A tort is an act, which causes harm to a person, may be intentional or not and it must contrary to the law or to a specific duty or violation of absolute rights it involves [...]

1 In the English court system, statutes are the highest form of law. This Act required that all the treaties and remedies created by the European Community are binding within all member States of the [...]

E-cigarettes and vaping pose a substantial threat to the public, making it important that the medical community educates patients dispelling common misconceptions regarding the subject, and the government takes measures to alleviate the danger.

In this situation, the court considered a case that affected the protection of nature and the human right to own property and sentenced in favor of the state.

This tis due to the twenty-six words they used to describe the use of the internet under Section 230 of the Communications Act.

The issues addressed by the author concern not only the impact of this legislation on the regulation of relations among content authors and third parties but also other topics, for instance, the role of Section [...]