Legal Systems That Influence Business in Different Nations.
Legal Systems That Influence Business in Different Nations Legal System and Classification A nation's legal system, which establishes and enforces laws, helps make its social, political, and economic institutions function effectively. The legal systems of foreign nations can differ widely, but generally the laws of most counties can be classified into two types: common law and civil law. Common law systems, sometimes called case law or judemade law, are derived from English law dating back hundreds of years and are based on the principle of following long-established customs that were written down in important court decisions, called precedents. These prior court decisions that were written and handed down over time have themselves formed a set of laws that help guide the proper behavior of people, businesses, and other institutions. Common law systems often have legislatures that pass laws as well. In the absence of a precedent or a clear legislative act, common law courts can create a new rule of law. England, the United Stales, Canada, Australia, New Zealand, and some other countries that were once part of the British Empire all have common law systems. In contract to common law systems, civil law systems, sometimes called condified law or Roman law, are based on the principle that the only official source of law of a nation is what is specifically written in a
Did the increasingly radical resistance theories of the late sixteenth century have any effect in pr
Did the increasingly radical resistance theories of the late sixteenth century have any effect in pr Calvin had a maxim that leaders were "ordained of God" and that good leaders were therefore blessings upon a people, whereas bad leaders were punishment for "the wickedness of the people". Calvin was aware of the problem of inciting rebellion against Catholic princes and the repression it might bring - a fear confirmed by the St. Bartholomew's Day Massacre - but he did reserve the right to passive disobedience, especially where staying within the law required one to neglect or overturn a duty to God. He also claimed that magistrates were appointed to restrain the "tyranny of kings" and so they had the right to rebel and overthrow intolerable governments. Calvin's thesis was unclear, as it failed to set down all the practical means and justifications for rebellion. The magistrates never found out who they were to obey and what they were to do. Moreover, what one should do in circumstances such as though during the Wars of Religion when the superstructure of the state was hostile to Calvinism remained unclear. Moreover, what one should do in the face of absolute Catholic repression (as opposed to the potential and partial repression seen in Calvin's day) was never clarified. In terms of theories of resistance, Calvin and Luther were of very similar opinion. Luther's
The Rise and Fall of the Doctine of Equity of Redemption Mirrors the Importance of Mortgages and Land To the English Ruling Classes - Discuss.
THE RISE AND FALL OF THE DOCTINE OF EQUITY OF REDEMPTION MIRRORS THE IMPORTANCE OF MORTGAGES AND LAND TO THE ENGLISH RULING CLASSES DISCUSS Used in exceptional circumstances, the equity of redemption was initially a timid response to a common law that "construed mortgage transaction "strictly and unsympathetically"1. Yet the use of this doctrine rapidly increased under the early guidance of the Lord chancellors Lord Nottingham and Lord Mansfield. The exception became the rule and it was decided that the principles of equity would have the power to cut down the express terms of a contract2. Never in any other branch of Judicial law has such utter disregard been shown for the freedom of contract. Such a principle is often said to be the result of a society and economy that emphasized the importance of the ruling classes and as the significance and power of the aristocracy diminished the inevitable demise of the equity of redemption followed. However, others have said this approach focuses too much on the power of the landed classes. Instead emphasis should be placed on the law responding to an economy that was hinged on both the security of sedentary property to one that relied on a system of commerce and capital. There have even been commentators that have suggested explanations that ignore the importance of the landed classes. Before any further advancements, the
Describe and comment on the training and work of solicitors - Discuss the role of the Legal Services Ombudsman and the OSS
A) Describe and comment on the training and work of solicitors (20 Marks) B) Discuss the role of the Legal Services Ombudsman and the OSS (10 Marks) a) To become a solicitor you must have a Law degree or a degree in a subject other than law in which you will have to do an extra one year course training in core legal subjects, and also take the Common Professional Examination. The next step is a one year Legal Practise Course, this course is majority practically based then the previous Law Society Finals course and includes training in skills such as: client-interviewing, legal research, negotiation, advocacy and drafting documents. Although completing these courses, you are not completely qualified as a solicitor. As a student you must next obtain a training contract under which they work in a solicitor's firm for two years, getting practise and experience. This training period can be also undertaken in other organisations such as: Crown Prosecution Service, or the legal department of a local authority. During this two year training contract the trainee will receive pay however this will not be the same rate as a fully qualified solicitor and also do they own work supervised by a solicitor. There is also a 20 day Professional Skills course that has to be completed which builds on the skills learnt on the LPC. By the end of the two year course the trainee is then admitted
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Discuss the liability of Bob In the case of R v Miller (1983)[1] it says that Miller who was a Squatter in a house was convicted for causing a fire by accidentally in a room, and he failed to do anything or call for a help.
CASE STUDY (CRIMINAL LAW) Bob was installing new windows, and he had smashed all the old ones off and the glasses were lying all over the pavement. After installing the windows he then decided to have a break to get some lunch. Bill who was partially sighted was walking pass Bob's house and got injured in his foot by a large piece of broken glass. An ambulance was called by a passer-by and it took fifteen minutes for them to get to the place where the scene was. When they arrived, they tripped and dropped Bill. At the hospital, Bill was left for thirty minutes before being seen by a specialist doctor who realised Bill had lost a lot of blood and would need a transfusion. Bill refused to have a blood transfusion and died later. Discuss the liability of Bob In the case of R v Miller (1983)1 it says that Miller who was a Squatter in a house was convicted for causing a fire by accidentally in a room, and he failed to do anything or call for a help. In this case he was convicted of arson not for causing the fire, because he failed to ask for help. For being convicted for crime, Bob is criminally liable for Bill's death and injury because he failed to take a step where he can avoid from someone being injured, by clearing all the pieces of glass from the pavement before going for a lunch break. Bob's action which is to failure to his act, at the right time makes him clearly
Law Sermon Assignment - Justification Leviticus 14:33-42
Law Sermon Assignment - Justification Leviticus 14:33-42 Context of Passage The context is important for the understanding of this passage. It is part of a section of Leviticus that gives instructions on purity and impurity, where the focus shifts from the sanctuary to everyday life. Chapters 11-15 of Leviticus deal with a variety of situations that produce uncleanness, situations that defile a body or environment and thus limit a person's ability to come near to God's holy presence. These purification rituals for an unclean house are part of the purification rituals for unclean persons or clothes, which are described as showing sara'at.1,2 This in a person is often translated as leprosy, but actually covers a wide range of skin disease and includes mildew on cloth or a house. These were designated as a major impurity.3 Such serious disease made their victim unclean whilst they were present.4 The instructions for inspection, removal and subsequent purification of a house match those for a person with skin disease5 and would have made analogous sense to the original reader6. Each ritual can be seen to be dealing with a covering, one layer covering another in turn being the skin, clothing and finally the house 7 Background to Passage The worldview was then to think corporately and so what affected one person or house, would affect the whole community. Therefore, it was
Restitution is now well established as a modern legal discipline. It has it own texts, a substantial journal literature, even a modicum of recognition from the courts. Yet the nature of restitution eludes consensus
The law of restitution Restitution is now well established as a modern legal discipline. It has it own texts, a substantial journal literature, even a modicum of recognition from the courts. Yet the nature of restitution eludes consensus. The pioneers of the subject, eager to promote their vision of 'restitution as unjust enrichment', rely primarily on clarity of exposition, though also with occasional asides against the many they see as their enemies (see for example Birks 1985a, p 6; Burrows 1993, pp 2-6; Tettenborn 1996, pp 2-8). Their ultimate argument against all criticisms is through progressive refinement and redefinition of their 'unjust enrichment' theory, a strategy which has resulted in more and more precise notions, but also in a smaller and smaller ambit for their subject, as unpromising material is excluded. In this paper we will discuss many important structural and taxonomic matters. Mentioned in passing is Prof Birks' recanting of the perfect quadration of restitution and unjust enrichment, his conversion to the multi-causal nature of the response of restitution, and his consequent espousal of unjust enrichment as an appropriate for the subject. This branch of the law had first been brought to the attention of English lawyers in 1966 by Robert Goff, later to be a law lord, and Gareth Jones, in their book, The Law of Restitution. They had shown that a mass
Certainty in the law is achieved through the rules of statutory interpretation and through the operation of the doctrine of precedent. Discuss
Certainty in the law is achieved through the rules of statutory interpretation and through the operation of the doctrine of precedent." Discuss. In England and Wales, as well as in other common law countries, the judicial process of decision making relies heavily on the doctrine of precedence. 'Judicial precedence' has two distinct meanings, it may either refer to a leading decision which should be followed in the future, or it may be understood as a process of applying previously decided cases. (Terence Ingman , The English Legal Process, p. 297) Only the obiter dicta, that is the statement of relevant legal principles, has a binding force, additional comments, known as ratio decidendi, are merely persuasive. One of the reasons why precedent has been successfully relied on for so many centuries is the doctrine of stare decisis, the doctrine compels lower courts to abide by the decisions of higher courts whenever the facts of the cases are similar. However, it should also be stressed that every case is unique and although the doctrine of stare decisis may appear straightforward its application is known to have caused difficulty. Consequently, even though this paper will attempt to show that certainty can only be achieved through uniform application of legal principles it will also acknowledge the fact that excessive rigidity tends to produce unfair decisions. In 1898 Lord
Unrepresented litigants in Australian criminal and civil courts
EQUAL ACCESS TO JUSTICE: Unrepresented litigants in Australian criminal and civil courts Introduction Section 78 of the Judiciary Act 1903 (Cth) states that 'in every court exercising federal jurisdiction the parties may appear personally.'1 While this creates the right for litigants to represent themselves, evidence suggests that barriers to obtaining representation can deny access to justice. Recently, (and markedly since 1997), the proportion of unrepresented litigants in both civil and criminal courts in Australia has risen.2 Studies examining whether this is due to barriers to obtaining representation, as well as the experiences of those involved in the system, show that inequality is increasing. Why are there unrepresented litigants? Fifty-four per cent of unrepresented litigants interviewed in a recent survey of the Family Court replied that the main reason they did not have a lawyer was either their inability to pay for representation, or the unavailability or termination of legal aid. 3 Research conducted by the Australian Law Council and the Australian Law Reform Commission supports this and suggests similar findings in other courts. 4 Other reasons given for self-representation, cited by significant minorities, include distrust in lawyers and the legal system, and a belief that a lawyer is unnecessary.5 For many litigants, individual experiences and
'Legal policy applied to domestic relationships has the potential to promote equality between the sexes. However, there has been little inclination to engage in social engineering on this issue' Discuss.
'Legal policy applied to domestic relationships has the potential to promote equality between the sexes. However, there has been little inclination to engage in social engineering on this issue and, in fact; this is a general characteristic of English domestic relations law.' Discuss. Across boundaries of time and culture there have always been unequal power relations between men and women and as the years roll on, each age and each society can be characterised by attempts made to establish equality between the sexes. The construct of legal policy within the sphere of domestic relations has an obvious impact on the status of both the man and the woman in larger society as the crux of issues within domestic relations law lies within the home. It is here where children are raised, ideas are indoctrinated and basic male-female roles are instilled and propagated. It would indeed be true to state that legal policy in this arena does have the potential to promote equality between the sexes as it has always had, and currently does, hold the power to foster, nurture and legitimate unequal relations within this sphere; the assumption being that if it can aid one extreme, it can also aid another. However, there are two subsequent questions to be asked from an acknowledgement of the law's ability to promote equality and the first deals with the extent to which legal policy can actually