Search Results - Common law
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Common law is law developed by judges through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law. The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent.[1] Thereafter, the new decision becomes precedent, and will bind future courts. In practice, common law systems are considerably more complicated than the idealized system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. However stare decisis, the principle that similar cases should be decided according to consistent principled rules so that they will reach similar results, lies at the heart of all common law systems. Common law legal systems are in widespread use, particularly in England where it originated in the Middle Ages,[2] and in nations that trace their legal heritage to England as former colonies of the British Empire, including the United States, Singapore, Pakistan, India,[3] Ghana, Cameroon, Canada, Ireland, New Zealand, South Africa, Hong Kong and Australia.[4]
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Showing 1 to 15 of 15 Articles matching 'Common law' in related articles. |
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1. The Energetic A-Game
November 05, 2009
One of the most common questions people ask about law of attraction and relationships is, "Can I use Law of Attraction on other people?" . In other words, "Can I get other people to do, feel, or think the way I want them to?"
Uh... Let me answer that one for you. No.
The foundation of law of attraction says you can have any thing you want. That said, you cannot have anyone you want. Very simply put, this means you cannot use your mojo to make someone fall in love with you or stay in love with you against their will. However, you absolutely can have the relationship of your dreams - j... (read more)
Author: Lisa Hayes
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2. Wrongful Foreclosure and How Banks Take Homes from People
November 05, 2009
In some cases of foreclosure, there may be enough instances of misconduct by the lender to show that the entire process constitutes a wrongful foreclosure. Many states even have common law regarding this issue, as well as a cause of action specifically for "wrongful foreclosure." Although the claim has not been popular in recent history, homeowners may be able to use this claim after losing their home.
When extreme circumstances affect the process of taking the home back, homeowners may have a better case to make for wrongful foreclosure. Instances of mortgage servicing abuse, for instanc... (read more)
Author: Nick Adama
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3. What Mortgage Law Is All About?
November 05, 2009
Mortgage is the security of the loan to finance the purchase of a property with specified interest rates. Mortgage is the lender’s security for debt. This is the most common method of financing property transactions. The mortgager is the borrower in the mortgage and he transfers the interest. On the other hand, the mortgagee is the investor or a financial institution that provides loan or other interests in exchange of the security interest. As per the residential mortgage law, if the borrower fails to pay, the mortgagee has the right to sell the property to pay off the loan.
Generally th... (read more)
Author: jack smith
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4. How To Stop Excessive Sweating?
November 04, 2009
Stop excessive sweating as soon as it occurs! Being more than an uncomfortable condition, hyperhidrosis can have serious effects on your health and social life.
We can talk about excessive sweating when sweat glands release an abnormal amount of secretion, in a certain area of the body or generalized on all over the body. The main cause of excessive sweating is stress or strong emotions. Usually, it occurs during puberty and disappears gradually.
Stop excessive sweating by preventing it. The most common risk factors include obesity, nerve disorders, menopause and certain drugs. This ... (read more)
Author: Debby Law
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5. Work Comp Insurance
November 01, 2009
Workers Comp Insurance Quotes.Workers Compensation, Work Comp, Workmans Comp are all synonymous to Workers Comp and Employers Liability Insurance, developed by the National Council on Compensation Insurance covers the insured's legal liability under the numerous state workers compensation laws or acts. Workers Comp Insurance QuotesWorkers Comp Insurance Quotes - Provides outlined advantages to staff for injuries sustained or diseases contracted arising out of and in the course of their employment. All states have laws requiring such protection for employees and those laws prescribe the amount... (read more)
Author: Dean Markham
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6. Avail the services of Duncan Lewis Child Care Solicitors: Protect your rights
November 01, 2009
Though the child care law and its regulations vary from one country to the other, there is one common idea behind them- protecting a child from any kind of harm and giving him/her particular rights. Child care laws ensure that a child is safe and secure from any sort of physical and mental injuries and he is given proper education and basic facilities.
No doubt, child care laws are a vital part of any society, but there are many instances, when the child care authorities send an application to remove a child from the care of parents without any fault or whatsoever of the other party. In s... (read more)
Author: Mr Sridhar
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7. Understanding the DNA of GINA
October 31, 2009
The Genetic Information Nondiscrimination Act (GINA) was signed into law in 2008, and the employment provisions will become effective on November 21, 2009. The EEOC has published proposed regulations for GINA and will finalize those regulations sometime prior to November 21. Because this article is not based on final regulations, some of the following information could change. As medical science advances, it is becoming easier and more common for tests and studies to be conducted based on human DNA, RNA, chromosomes, proteins, or metabolites. Title II of GINA, which is the focus of this s... (read more)
Author: Meredith Schecter
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8. Overview of Established Skin Improvement Procedures in Dallas
October 29, 2009
When it comes to skin care, Dallas is about more than facials. This affluent Texas city has made non-surgical procedures like chemical peels, laser skin resurfacing, microdermabrasion and Botox treatments extremely popular and very common. If you're a Dallas resident and looking for more information on these five popular skin care treatments, read on for an overview of each procedure. You'll also find tips on identifying a qualified skin care professional. Chemical Peel Procedures Texas law stipulates that a chemical peel can only be performed by a licensed dermatologist, nurse or a speci... (read more)
Author: arif shaikh
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9. Health Care Fraud Through Identity Theft and Impersonation
October 29, 2009
Health care fraud is committed when someone intentionally submits, or causes someone else to submit, false or misleading information for use in determining the amount of health care benefits payable. One of the most common varieties of health care fraud is perpetrated through medical identity theft. Medical identity theft occurs when someone uses another person’s health insurance card or identification with or without her permission to obtain medical services. An insured person commits fraud when he lends his health insurance card to another, who then impersonates the insured in order... (read more)
Author: Sam Cadbury
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10. How to Avoid an IRS Tax Audit
October 27, 2009
An IRS Tax Audit can be one of the scariest situations a person or business can face. Sometimes the IRS has a different benefit because the average person doesn’t know enough tax law to protect against an audit. An IRS Tax Audit can be activated by irregularities on a taxpayer’s tax return or simply because the tax return has been selected at random to be audited, a tax return will be audited because the data detailed on the return is distinctive from the data that the IRS has got from the other sources. A common example of this is when a taxpayer forgets to report interest they earned on a sa... (read more)
Author: Leo Miller
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11. Seeking complete, correct and justified law
October 26, 2009
Seeking and asking for law and justice is a very different thing as compared to getting or availing law. If you are someone, who is trying to know more about the laws, or the articles in your constitution, you must take help from the law related websites and other books issued for common man and available in central libraries and specially allotted markets. But if you are seeking legal aid for yourself, then you have no option but to go and grab some good lawyer who can help you out from the problem or trouble you are presently in. if you are seeking legal help, then going to a judicial i... (read more)
Author: Gim Rayan
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12. DWI Lawyer Helps You to Get Compensation from DWI Accident
October 26, 2009
DWI is very common in the different parts of the United States. In fact many drivers living in the different states are being charge with DWI because they keep on neglecting how frustrating is to be in such situation. Often times, some of the drivers only felt the weight of punishment against drinking and driving until the time they have been arrested DWI. DWI is both dangerous to the person who drives while drunk and the other people he has hurt. So finding DWI Lawyer is not only an obligation of the person who has DWI case but also of the person who has been affected in the accident.
O... (read more)
Author: Benny Nichols
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13. Using Pepper Spray
October 23, 2009
With crime being more present than ever these days, it always pays off to protect yourself. Although there are police officers and others out there who uphold the law, you never know when something may happen and they aren't around. To protect yourself, there are several products and forms of protection that you can get. Among the may products available to you, is something known as pepper spray - which is one of the most common forms of self protection.
Personal protection products such as pepper spray, will work a lot better and yield the most power when you have full belief in yours... (read more)
Author: Emerson Swanson
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14. Bankruptcy Chapter 7 VS Bankruptcy Chapter 13
October 22, 2009
There are many different types of Bankruptcy under Bankruptcy Law that are designed and structured to assist an individual or corporation that is financially burdened by debts in different ways. The most common types of bankruptcy are a Bankruptcy Chapter 7 and a Bankruptcy Chapter 13.
A Bankruptcy Chapter 7 can be filed by either an individual or a corporation. The essential gist of filing bankruptcy under this chapter is a means to discharge or eliminate debt. Most debt can be eliminated by filing for bankruptcy in a bankruptcy chapter 7, however child support, certain taxes, secured... (read more)
Author: JD Kamat
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15. Rikvin Offshore offers Offshore Company Formation
October 22, 2009
Tax shelter, confidentiality and asset protection are the chief concern of super rich individuals and corporations. Corporations and high net worth individuals are in constant pursuit to reduce their tax liability legitimately. Several international courts of law have recognized this quest to minimize tax liability as a justifiable right of individual and corporations. In the present scenario of borderless commerce and communication this pursuit is a common necessity among persons or businesses involved or wishes to be involved in international trade or investment activities.
Offs... (read more)
Author: John Media
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