Search Results - Common law
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Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals, rather than through legislative statutes or executive action. The common law is created and refined by judges a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent.[1] 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, it will decide as a "matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis. 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 non-appellate 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 those nations which trace their legal heritage to Britain, including the United Kingdom, most of the United States and Canada, and other former colonies of the British Empire.
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Showing 1 to 13 of 13 Articles matching 'Common law' in related articles. |
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1. Catch A Man Cheating - Infidelity And Law Regulations For Unfaithful Men
August 16, 2008
Infidelity History from Law perspective In Ancient Rome, the traditional price paid for infidelity was stoning to death, but in comparison with two thousand years ago, today's society has developed along with time passing. The general definition states that infidelity is an infringement of trust or a contract invasion, and this is interpreted as a community offence since 1660 when the Common Law has enforced the introduction of a trust relied law.
When emerges from a marriage , infidelity involves at least a breach of duty towards the partner and the relationship itself. The feelings,lo... (read more)
Author: Paul Smith
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2. UK Seat Belt And Child Restraint Law
August 10, 2008
Over the years seat belts and child safety restraints have proved themselves to be vital pieces of safety equipment. Together they have help save many thousands of lives and prevented numerous serious injuries. No one can really deny that to use them is simply a matter of common sense.
The law that governs the wearing of these safety devices however isn't as clear as you may think. The following guide sets out to clarify our legal responsibilities as drivers.
At its most basic level the law states that a driver must wear a seat belt while driving if one is available. Of course there ... (read more)
Author: Richard Jenkins
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3. Investing In China
August 10, 2008
Land Use Rights
What the Law Says
In China, neither domestic companies nor Foreign Invested Enterprises may own land outright; instead they own Land Use Rights. There are two kinds of Land Use Rights – Allocated and Granted. In comparison with Western common law concepts, Allocated Land Use Rights are in some way similar to leaseholds, and Granted Land Use Rights are in some ways similar to life estates.
Allocated Land Use Rights are generally provided by the government for an indefinite period (usually to state-owned entities) and cannot be pledged, mortgaged, leased, or tra... (read more)
Author: Ashok Pokhrel
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4. Renting Flats and Houses in London: Beware of High Rents.
August 05, 2008
Many landlords, tenants and property professionals are unaware that letting flats and houses at the high rents common to central London can sometimes leave tenants with little legal protection. This article explains how a loophole in the law affects thousands of people renting accommodation in London.
Arguably the buy-to-let boom, of which London property has been at the forefront, started with the coming into force of the Housing Act 1988. Hotly debated by parliament at the time, the Act introduced a revolutionary new form of tenancy agreement, giving private landlords the certainty t... (read more)
Author: Jay Stevens
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5. New Jersey Auto Insurance Quotes - The Essentials
August 05, 2008
When looking at New Jersey auto insurance quotes you will be presented with many choices, hopefully this article will help you make the right ones.
In New Jersey it is mandatory that you have auto insurance. There are two common types of auto insurance policies in New Jersey, the cheaper Basic policy that provides enough coverage to meet the minimum insurance requirements of New Jersey Law and the more expensive Standard policy which is the policy chosen by most New Jersey drivers. Both policies offer options to further increase your protection.
In New Jersey auto insurance policies ... (read more)
Author: Colin R Cherry
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6. Injured in Georgia Car Accident? Now What?
August 05, 2008
You need an Atlanta lawyer!
Being injured due to an accident may be an extremely difficult and stressful ordeal. Due to cell phone technology, safety needs to be the primary concern while on the road. Many states are devising laws to reduce accidents, for example the California Cell Phone Law requires hands free cell phone use while driving. In Atlanta, car accidents are quite common. While most Atlanta injury lawyers require advance payments to plead for you, there are a select few which offer no-charge consultations and accept injury cases only on contingency. Fees are paid from the... (read more)
Author: stokesinjury lawyers
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7. Economic relationship between foreign married couples resident in Italy
August 04, 2008
This article deals with the issue of the choice of law ruling the economic relationship between foreign married partners who are resident in Italy. The Italian law 218 of the 1995 reforming the international private law determines the field of application of the Italian jurisdiction and the criteria to individuate the applicable law.
Concerning the economic relationship between married couples, if they have the same nationality, the common national law of the two partners will be enforced. In case the two partners have two different citizenships, it will be enforced the law of the state ... (read more)
Author: Priya Singh
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8. Gun Safes and Cabinets
July 30, 2008
As an owner of guns, either at home or at your business you need to protect your guns from falling into the wrong hands. A gun safe is basically a lockable secure cabinet to keep your guns in. In some countries gun safes are a requirement by law to protect your guns from unauthorised access. For home applications it can stop the all to common accidents that happen when children gain access to guns and think of them as toys. In business applications gun safes stop thieves from gaining access to your guns. Security One Australia provide Gun Safes and Cabinets to businesses Australia wide. Ba... (read more)
Author: Keely Owen
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9. Real Estate Laws In Florida
July 24, 2008
Real estate law involves a person’s right relating to the ownership and possession of land, buildings or structures on land. Every home purchase involves a number of potentially complicated legal issues and a great deal of paperwork. Below are certain real estate laws in Florida that everybody should follow to avoid any kind of complications in buying and selling.
1. No Discrimination in housing: It is against Florida law to discriminate in the sale, rental, financing or provision of real estate brokerage service in the appraisal of housing based on race, color, religion, sex, national... (read more)
Author: Richard Brazil
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10. Prevent Car Theft
July 24, 2008
Car theft is a very popular crime these days that needs to be stopped. There are various preventive measures that can help reduce the frequency of car theft.
Most common places for car theft are shopping complexes, movie complexes, local parking areas and other crowded placed where cars are parked on a daily basis for a longer period of time.
The government has forced strict law to stop the devastating crime but yet the citizens have to look over the cause and support the government to prevent the crime. The best way to prevent car theft is to analyze the methods, time, location and ... (read more)
Author: Carazoo India
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11. Responsible Tips To Help You Avoid Traffic Accidents
July 22, 2008
The first things to always remember in order to avoid being involved in an accident are also the most obvious. Following traffic rules and the Highway Code may seem like common sense but they are often disregarded by, not only drivers, but pedestrians also; thus causing more accidents. Wearing a seatbelt is another law that many drivers choose to ignore, even though many injuries that have occurred due to not buckling up could have been avoided, including some fatalities. Every driver should also have defensive driving on their mind when they get behind the wheel. However, just because ... (read more)
Author: Isla Campbell
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12. Find Affordable Health Insurance by Carson Danfield
July 23, 2008
If you don't have health insurance, because of a layoff or other change in work, a divorce or a preexisting medical conditioned, don't give up. Efforts to expand health insurance coverage reportedly are becoming quite common. Proposals have been introduced in many states, and Illinois has approved, a plan to offer low-cost health insurance to children that began July 1, 2006.
Even under current law, it's possible to find coverage for you and your family, usually at a reasonable cost. Options to consider if you need health coverage but are too young (under age 65) to qualify for Medicare..... (read more)
Author: Carson Danfield
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13. 8 Common Myths about the Consumer Credit System
July 15, 2008
Misinformation and half-truths abound in discussions about credit reporting and scoring. People have so many different ideas about what is true when it comes to dealing with their credit that regardless of the question you ask, you are liable to get a wide variety of conflicting information.
At the end of the day, all this ignorance about the credit system does nothing but help the lenders and other financial institutions who use your credit information. If people simply knew a little more about their credit, they would be able to take steps to improve their credit. By improving their ... (read more)
Author: Stuart Hunter
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