Free Essays on Common Law to Get Inspired & Learn by Example

Introduction

Common Law marriage occurs in some states when a couple has lived together for a certain period of time. They may not have legally gone to perform a marriage but as a result of their long-term cohabitation they are considered the same as a married couple. Although the couple has not yet decided to get documentation of their marriage certain factors may justify them as a married couple. These factors include living together in the same home for a certain amount of time (one year or more), presenting themselves as a married couple and having an engagement to be Continue reading...

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...

Contracts are regulated under two bodies of law, namely the common law or contracts and the Uniform Commercial Code (UCC). Accordingly, the first step in analyzing a contract is to determine which law applies. The common law refers to the judge made case law that has developed over time. The common law generally applied to contracts for services, real property, employment and intangible assets (Blum, 2013). On the other hand, the UCC refers to the standardized and continuously updated regulations of commerce that were drafted and promulgated by the American Law Institute to serve as a model for courts 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...

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In the case facts for Benjamin v. Lindner Aviation, Inc., 534 NW2d 400 (1975), the State Central Bank bought an airplane in 1991 when the bank reclaimed the aircraft when the owner default on the payments. Later in the same year, the bank delivered the plane to Lindner Aviation for a periodic yearly inspection. The appellant in the case, Heath Benjamin, was assigned the task to conduct the inspection for the aircraft. One component of the inspection required Benjamin to remove the planes from the wing’s undersurfaces. Though the panels had to be detached as Continue reading...

Business Law Australia

Business Law Australia
The doctrine of Promissory Estoppel is a doctrine, which a court use to prevent a litigant from taking an action that the litigant is normally entitled in order prevent an inequitable result (Turner & Trone, 2013). Estoppel is used when a party that reasonably relied on promises of another party is hurt because that other party felt to keep the promise. For example, it stops a person from asserting or denying anything to the converse of that which had been established to be the truth in the contemplation of law. Estoppel is a law of evidence. It Continue reading...