Search Results - Common law
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Common law is law developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, [1] on the principle that it is unfair to treat similar facts differently on different occasions. [2] 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. [3] 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,[4] and in nations that trace their legal heritage to England as former colonies of the British Empire, including the United States, Singapore, Pakistan, India,[5] Ghana, Cameroon, Canada, Ireland, New Zealand, South Africa, Hong Kong and Australia.[6] The term common law has three main connotations and several historical meanings worth mentioning
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Showing 1 to 12 of 12 Articles matching 'Common law' in related articles. |
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1. Wrongful Death - Criminal or Civil Action?
November 16, 2009
The legal system in the United States is divided up into a number of channels. Civil and criminal law are the two most common forms that people experience. A wrongful death action is one where a person is killed because of the alleged wrongful conduct of another party or parties. So, does this make it a criminal action or a civil one?
A criminal action is known as a prosecution. In it, the state or federal government brings charges against a defendant. The purpose of the charges is to seek redress for an alleged violation of laws that set the standards for public conduct. The government,... (read more)
Author: Thomas Ajava
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2. Kidnapping a Criminal Act
November 15, 2009
We all are well familiar with the term kidnapping. As these days, the criminal activity has become very recurrent. This common law offense activity can drag anyone to be a part of it, but mostly women and children are targeted by the hostage taker. Some people think that the main cause of kidnapping is terrorism, poverty and insufficiency of the government actions, which is true to a great extent. Child Kidnapping is very excruciating as it involves abducting of a child by a hostage taker for the purpose of ransom or any other personal matters. In such cases, the children are traumatized and a... (read more)
Author: Robert Bell
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3. Navigating the Juvenile Justice System - Getting the Best Result for the Child
November 13, 2009
When a child breaks the law, there are two alternative paths to rehabilitation. The common perception is that the criminal justice system is a harsher consequence than the juvenile court, whose original purpose was to protect children. However, the two paths seem to be diverging as the juvenile court becomes more retributive and the criminal courts view of minors progresses. Although some areas have strong juvenile rehabilitation programs due to attention and investment, many juvenile systems are overburdened and thus lackluster. Parents and attorneys must think of creative ways to optimize ... (read more)
Author: Sam Cadbury
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4. New Era of In-Law Suites
November 13, 2009
Whether you call it creating an in-law addition, or making extra room for your aging parents, a building wave has occurred in the last 15 years to accommodate older family members in their children's existing homes. A common practice in European and Asian households, more North Americans are coming to realize this is a practical set-up for many reasons – financial (for both sides), companionship for the older family member, and an opportunity for grandchildren to get to know their elders.
Millions of families across the country are having their parents and in-laws move in with the... (read more)
Author: Mike Taylor
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5. Are you suffering from domestic violence? Learn in what way you must act in such occasion.
November 12, 2009
It is a common disgraceful fact that violence can be realized not just by alien to one another persons. In can be come across today in any family. One strife, disagreements over several questions can produce violence which usually results in kicking in better case or even may hold dramatic result like somebody's death in the worst case. Violence in a family is named usually domestic violence. The law according to the domestic violence actions is grave enough and so all violence deeds against a human are accepted as crime in all states of the USA and are in many occasions penalized. In a case s... (read more)
Author: Preston Le
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6. Knoxville Personal Injury Attorney - Getting Help
November 12, 2009
If you've been injured in an accident in Knoxville that was caused by another person, it's likely that you're entitled to fair compensation from the other party or their insurance company.Accidents can cause harm to us in many ways. Not just physical pain, but mental or even emotional distress. It's common for those around you to feel the affects of your injuries as well. U.S. law allows you to seek recompense from those responsible for your suffering. {The level of recompense you receive will vary greatly depending on the extent of your injuries.Follow these steps when an accident occurs:-Che... (read more)
Author: Jackson Le
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7. Know Some Facts While Hiring a Law Firm for Your Legal Matters
November 10, 2009
In the present scenario, Law firms are dealing with various legal issues for individuals and organizations in Toronto and the Greater Toronto Area (GTA) in the Province of Ontario, Canada. Know some factors before hiring a law firm for your legal matters.
It has become a common practice for individuals, businesses and organizations to hire a law firm to deal with various legal issues in their lives. It is important that when you plan to hire one, you need to be sure whether it is capable of carrying out your best interest and is competent enough to help you win your legal battle.
I... (read more)
Author: Victor Opara
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8. Digital Piracy: Why You Might Be a Pirate and Not Even Know It
November 10, 2009
Music and movie bootleggers on street corners are as common in some cities as panhandlers, ticket scalpers, and jaywalkers. Unlike patrons of street vendors, computer or digital file sharers fail to understand the fact that they are breaking the law. Even less known than the governing laws are the vast networks of online pirates that have made a virtual blood sport of distributing illegally obtained files. Spurred by the entertainment industry, which blames huge losses on piracy, legislatures are bringing down the ax on all levels of electronic piracy. The danger is that consumers can become... (read more)
Author: Sam Cadbury
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9. 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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10. 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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11. 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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12. 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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