Common Law Essays Samples That Help You Write Better, Faster & with Gusto

HALPERN ET AL. V. ATTORNEY GENERAL OF CANADA ET AL
HALPERN ET AL. V. ATTORNEY GENERAL OF CANADA ET AL

Introduction

The case of Harper V. Attorney General was set to address the issue of the legal approval and documentation of the marriages that were of same-sex couples. The Metropolitan Community Church of Toronto (MCCT) had announced the wedding bans and presided over the weddings after which it approached the registrar for documentation.
The case consisted of seven couples, all homosexual. The first couple was Julie Erbland and Carolyn Rowe. The couple wished to validate their commitment and wish to Continue reading...

Introduction

This paper seeks to review and analyze the Doctrine of Promissory Estoppel and its application within the Australian legal jurisdiction. According to this doctrine1, it was formulated with the overriding objective of preventing the inequitable dissemination and application of the common law in Australia. However, the Australian courts have recently expended the interpretation and application of the doctrine to the extent that certain critical considerations that are contained in this doctrine are now deemed to be irrelevant2. In this regard, this paper will seek to understand and analyze the origins of this doctrine within the Australian legal system, and Continue reading...

The right to silence, also known as the privilege against self-incrimination refers to two distinct but deeply related liberties. The privilege against self-incrimination concerns the general principle of English law that a person is innocent until proven guilty and that it is the duty of the prosecution to prove their case against any person they suspect of committing a crime. Accordingly, the suspect has no obligation to voluntarily provide the prosecution with evidence that will or might be self-incriminating or assist in their prosecution. The right to silence, on the other hand, not only allows a person to refuse Continue reading...

Corporate Law

Bill, the Managing Director of a Solartec, a subsidiary of the Solar International Group dealing in commercial solar panels and equipment, together with other senior executives learn about the sale of another company, which is their major competitor. They then decide to resign abruptly from Solartec and buy the competing company Aussie Solar. They do this without informing the board of their intentions whereas they also attempt to poach Solartec’s customers. In order to make their decision, they utilize company information entrusted to them. The requirements are the determination of legal rights that the board of Solartec has Continue reading...

The Nature of Legal Decision-Making

Executive Summary
This paper will scrutinize the doctrine of judicial precedent and its dependence on the hierarchy of the courts, the written records of cases and the approach of the judges. It will also comprehensively assess the relative importance of these three elements in the current judicial precedence. There will be in-depth discussion on the association between the three criterion and the final impact on the judicial decision making.

Introduction

Notwithstanding the violation of lawmaking on materials that used to lie inside the sphere of the communal regulation, significant capacity orts for the judicial tradition of trailing precedent, exclusive of Continue reading...

Differences between Federal and Common Law Practices

Federal laws are laws that are developed by federal governments of a country. The laws are passed for the mutual of the citizens to help deal with challenging issues and to make existing laws formal. Federal laws fall under written law because they are passed by the legislature. It is easy to implement them because they are written down and only require application in a specific case. Federal laws are applied in areas under their jurisdiction and areas where the common law is not applicable (Scheb and John 13).
Common law also known as case laws are based on Continue reading...

Is This Ethical?

I Conflict of Interest
In engaging in business with a competitor of International Widget, John Anderson violated the company’s Code of Ethics provision on Conflict of Interest. According to this section, the employees of the company must act only for its benefit and avoid engaging in business with direct competitors of the company. Providing services to a direct competitor of the company is expressly prohibited by this portion of the Code. A conflict of interest issue occurs when an employee’s private interest infringes or runs counter to the interest of the company. One manifestation of such interference Continue reading...

BUSINESS STRUCTURE IN AUSTRALIA

Business structures in Australia
Dear Kylie, Dear Imad,

WE highly appreciate your consideration to choose our law firm to advise you on business types and structures in Australia. Our firm has a wide experience in business accounting, business law, corporate law, company law, financial accounting and business management within and outside Australia. We have advised big entities and corporate in business matters, in addition to representing their interests in the courts.
In regards to your inquiry, we are going to advise you on available business structures and types in Australia that you can use as a channel to set Continue reading...

THE ADMISSIBILITY OF HEARSAY AS EVIDENCE IN UK COURTS: A CRITICAL REVIEW OF R V HORNCASTLE IN THE CONTEXT OF UK LAW AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Introduction

Hearsay refers to statements made by third parties out of court, which can potentially be presented in a court hearing as evidence without the third party being present in court to substantiate the claims. Due to the nature of Article 6 of the European Convention on Human Rights, the use of hearsay as a basis for the conviction of an individual is against an accused person’s right to a Continue reading...

Questions and Answers-Business Administration

Those determined by nature and are therefore universal.
Describe common law legal system.
They are formed by court decisions and are drawn from customs around the country. They are only found in former English colonies and are based on Anglo-Saxon tradition. They are not as widespread.

Describe civil law legal system?

These are widespread compared to common law and are written in codes.
True or False. Louisiana uses the common the common law system. False

Will the case be heard in the criminal court or civil court?

Civil court.
What is statutory law?
b) Law that is written down.

Appellate court

What is the difference between a trial court and an appellate court? In trial courts the plaintiff Continue reading...

Upon incorporation, a company becomes a separate legal entity, distinct from its members. Thus, it acquires rights, obligations, and duties, which are different and distinct from those of its members. Assets, debts, and obligations all belong to the company and not the members. This is the corporate personality used by the company to conduct its business. Discuss this statement in view of the decision in Salomon v Salomon [1897] AC 22.

Issue

The discussion of this statement is concerned with the concept of separate legal personality, which falls under the regulation of corporate law. The question for discussion is the Continue reading...

Issues in Global Business Contracts

Institutions

A contract can be defined as an agreement between two parties, whether formal or informal, resulting in the creation of obligations that are legally enforceable and demandable. To be valid, a contract must meet all the essential elements, namely, mutual assent, consideration, capacity and legality. Mutual assent is another term for consent, which in detail means that there was a valid offer and a valid acceptance. Consideration is the price or a thing of value given or to be given by the one party of the contract to another in exchange for the services to be given. Capacity Continue reading...

Introduction

E-discovery, usually refers to simply as discovery, denotes to the exchange of electronically stored information in litigation. The United States laws regarding discovery are pursuant to federal rule 26(1). The rules are government by many thorough procedures that determine whether or not they can be used by the opposing counsel. They are located in the federal rules of civil procedure as effected on the 1st of December and later amended on the same month of the year 2010. Most Jurisdictions around the world have come up with their rules regarding discovery so that they can effectively trade and Continue reading...

Although law and ethics are both concerned with behavior, law is easy to pigeon-hole because it is based on duties prescribed by statute or common law. Some examples of the sources of law are the Constitution, statutes, case law and administrative law. Thus, the intentional killing of another is a violation of the law because the statutes and case law say so. On the other hand, ethics constitute behavior that is commonly accepted by society as conduct that is proper (Class Notes 2015). However, both concepts are intertwined and this is aptly captured and illustrated in the Memorial Medical Continue reading...

In the late 18th century, an individual freedom was considered as the main target of all democratic societies, where each individual had a right to get its personal happiness, according to his views, interests, consciousness and morality in the limits established by common law. Since that time the world has passed a long way of achievements and losses, and has been changed a lot. As all other categories of a society, liberties and freedoms change over time in both ways, nationally as well as individually. The essay is going to investigate the issue of national and personal freedoms.
Today, Continue reading...

Introduction

With the unprecedented proliferation of the difference technological advancements, the mistakes in contract law have become increasingly popular. Very often these contracts involve third-party beneficiary. The most popular forms of such legal relationships are insurance contracts, gifts contracts, banking deposits contracts, and many others. Moreover, contracts of sale are another popular example in this regard. The practice indicates, that the intended recipient of the commodities in international sales of goods contracts are innocent third parties. Sometimes, however, the practice demonstrates that these legal relationships are brutally violated by the buyer. Onto such situations, typically two parties become affected: an Continue reading...

Analysis of Implied Terms; Efficacy to the Contract

Terms in a contract mean the rules that govern a contract; these rules are either expressly set out by the parties in a contract or implied into the contract later. Implied terms consequently then translate mean the terms that are considered default to a contract and therefore applied. The aim of implied terms is to supplement the contract and ensure that the contracts efficacy in ensured. In addition, the implied terms can also apply to alleviate hardship to a party and ensure equity and fairness to either party in the fulfillment of the contract.
Terms can be implied into Continue reading...