Free essays on Common Law typically provide concise and informative discussions on the principles and practices of the judicial system in countries that follow the Common Law tradition. They may cover various topics such as the origins of Common Law, the role of judiciary in interpreting and applying the law, the pros and cons of Common Law compared to other legal systems, and current issues and developments in Common Law jurisprudence. These essays could be useful to students, legal practitioners and anyone interested in gaining a better understanding of Common Law.
How Does the Judiciary Protect Individuals?
The underlying principle behind the framing of the Double Jeopardy Clause is the universal maxim of the common-law of England which is still being referred to in the United States. In the U.S, the common law rule was integrated into the Bill of Rights and hence was given constitutional importance. The Clause in question is included in the Fifth Amendment to the Constitution. The Double Jeopardy Clause of the American Constitution that states “Nor shall any person be subject for…...
Common LawCrimeCriminal JusticeJusticeLaw
Crime Prevention Essay
The government are using situational crime prevention as a means of reducing the impact of crime on society. I am going to examine the effectiveness of SCP. Situational Crime Prevention departs from mainstream criminology in that it focuses on the importance of the opportunity for crime to occur, the settings for crime, rather than upon those committing the crimes, preventing the occurrence of crime, rather than on detecting and punishing offenders. According to Item A, situational crime prevention involves in…...
Common LawJusticeLaw
Promissory Estoppel Contract Law
The doctrine derived from the case of Huges v Metropolitan Railway Co (1877), involving a landlord and his tenants. Under the lease the tenants were obliged to keep the premises in good repair, and in October 1874, they landlord gave them 6 months’ notice to do some repairs, stating that if they were not done in that time, the lease would be forfeited. In November, the two parties began to negotiate the possibility of the tenants buying the lease, the…...
Business LawCommon LawJusticeProperty
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Kelvin Malone Attorney Dallas
Terry Fedrick v. Cliff Nichols d/b/a C&N Truck and Trailer Repair The term Bailment is derived from the French Bailor, “to deliver”. A bailment is a temporary transfer of property to another for a limited time and for a specific purpose. The transfer of property in a bailment is only in regards to possession, not ownership. The bailor is the owner of the transferred property. The bailee holds the transferred property. The property is held in trust for the benefit…...
Common LawContractGovernmentJusticeLaw
N E NY Basketball Inc v Barnett: Case Facts
Sports and the Law: Case Presentation N. E. central NY Basketball, Inc. v. Barnett (181 N. E. 2d 506, ct. C. P. Cuyahoga cty. OH 1961 1. Facts of the Case The plaintiff in this case is Central NY Basketball, Inc. , who owns the Syracuse Nationals of the National Basketball league (NBA). There are two defendants: Richard Barnett, a #1 draft choice of the plaintiff in 1959, and Cleveland Basketball Club, Inc. , who owns the Cleveland Pipers of…...
BasketballCommon LawContractCourtGovernmentJustice
Madbury Vs Madison
President Adams appointed William Marbury to the position of justice of the peace in 1801. However, Marbury failed to receive his commission before the end of the Adams Administration. The new Jefferson administration had ordered the secretary of state (James Madison) not to deliver Marbury’s commission. By the Judiciary Act of 1789, Marbury sued Madison in the Supreme Court seeking a writ of mandamus forcing Madison to deliver Marbury’s commission.Issues: 1) Whether Marbury has a right to his commission. 2)…...
Common LawJusticeLawPolicySeparation Of Powers
Ecological Validity
Pennington and Hastie believed that jurors’ will construct a story to make sense of evidence and then return the verdict that has the ‘best fit’ with their story. P and H investigated whether the order of testimony had an effect on the jurors’ decisions. The sample used in this study consisted of 130 students from the University of Chicago. The two story-telling strategies investigated in this study are; story order and witness order. Story order is when the Lawyers present…...
Common LawCriminal LawJuryJusticeLaw
Intermediate Term Contract Law
Name: Difference Between Conditions And Warranty The Differences between Conditions, Warranties and Intermediate Terms in Contract Law Introduction The law of contract can be described as a legally binding agreement between two or more parties (Stone 5). In the contract, there are usually promises made by the parties in which every party is expected to complete there end of the deal. These promises can be divided into three terms namely conditions, warranties and intermediate. A condition can be described as…...
Business LawCommon LawContract LawJustice
Natalie Attired
Law and Natalie Attired Case BY Jae1214 TO: Alexis Schlamberg FROM: RE: Natalie Attired Case DATE: November 19, 2013 Statement of the Facts Natalie Attired, 23, was fired from her position as a waitress at Biddys Teahouse for having a visible tattoo. The owner, Biddy Baker fired Miss Attired because she would not remove the tattoo and feared that an employee having a tattoo that was visible would upset her more “mature” patrons, which would affect profits. No documentation could…...
Common LawEmploymentGovernmentJusticeLaw
Case Brief Example
Kathryn Myrick Business Law 1 Professor McDonnell Case Brief A. 5 Braun v. Soldier of Fortune Magazine Inc. , 968 F. 2d 1110 (11th Cir. 1992) FACTS:In 1985 Michael Savage placed an ad in the Soldier of Fortune Magazine (“SOF”) advertising “Gun For Hire”. The ad ran from June 1985 to March 1986 generating an average of 30-40 call per week for jobs ranging from murder, kidnapping, assault and other criminal activity. After three previous failed attempts on his business…...
AssaultCommon LawJusticeLawMurder
Johnson V. Misericordia Community Hospital
In 1980, patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis for Johnson (casebriefs. com). Ultimately, Johnson suffered a permanent paralytic condition to his right thigh muscles with resultant atrophy and weakness as well as a loss of function…...
Common LawCommunityHealthHealth CareHospitalJustice
Computer Task Group
The following sample essay on "Computer Task Group": describing of William Brotby biography and his experience with Computer Task Group. Inc. In 1995 William Brotby was hired by Computer Task Group. Inc. ( CTG ) as an information engineerings adviser. Upon engaging. Brotby had to subscribe an understanding saying that he would be restricted to work for any CTG clients if he left the company. No more than two old ages subsequently. Brotby left CTG and began to work for…...
AppealCommon LawGovernmentJusticeLaw
Class Action Suit Uric v Estelle: 1974-1979 Ruling
In 1974, the petition was Joined by seven other inmates and became a class action suit known as Uric v. Estelle. The trial ended in 1979 with the ruling that the conditions of imprisonment within the DC prison system constituted cruel and unusual punishment in violation of the United States Constitution, with the original report Issued In 1980, a 118 page decision by Judge William Justice. There followed decades of further litigation In the form of consent decrees, appeals and…...
Common LawCrimeCriminal JusticeJusticeLaw
Cosumer Protection
Federal court rules Telephone Consumer Protection Act does not apply to commercial SMS text messages sent to cellular phones. The ruling came a few weeks ago in Satterfield v. Simon & Schuster, No. C 06-2893 CW, 2007 U. S. Dist. LEXIS 46325 (N. D. Cal. June 26, 2007), a case involving the transmission of an SMS text message promoting a popular author’s “mobile club” to a cellular phone used by a seven-year-old child. The defendants, the publishing company that contracted…...
Business LawCommon LawGovernmentJusticeLaw
Contract Act 2056
Discuss the grounds of void contract under Nepalese contract act by illustrating the cases. According to Nepalese Contract act 2056,” A contract is an agreement between two or more persons to do or not to do something, which can be enforceable by law. ” The supreme court of Nepal has defined the contract as “an agreement of two or more parties with conditions. ” The word void means not binding in law. A contract which cannot be forced by both…...
Business LawCommon LawContractJusticeLaw
All Contracts Are Agreement But All
A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must…...
Business LawCommon LawContract LawJusticeLawRules
Gideon V Wainwright Summary
Summary:In 1963 Gideon v. Wainwright was a court case about Clarence Earl Gideon. He was accused of breaking and entering a pool hall and stealing a small amount of money. He was not provided with a lawyer by the state of Florida. He defended himself after being denied a request for free counsel. Later he was just found guilty. Louie L. Wainwright was sued for habeas corpus by Gideon. His case made it to the Supreme Court where it was…...
Common LawCriminal LawGovernmentJusticeLaw
Chronic Criminal Examples
Chronic Offenders Chronic offenders execute serious crimes repetitively. According to criminal data obtained by the Office of the Legislative Auditor in the state of Minnesota, criminal offenders severely perpetrate different kinds of crimes in different areas of the country. (Yunker, Bombach, & Meyerhoff)The build-up of offenses leads to criminal careers. The concept of criminal careers refers to crimes committed by an individual that occurs one after the other extendedly. Moreover, the concept of criminal careers focus on the involvement of…...
Common LawCrimeJusticeLawSocial Issues
access the effectiveness of the criminal investigation process as
Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. The NSW Police Force is a crucial part of the criminal justice system in NSW as they play an important role in achieving justice, by determining the innocence or guilt of an offender. They do so by conducting criminal investigations, gathering evidence,…...
Common LawCrimeJusticeLawPolitics
Theft Issue in New Jersey
The following sample essay on "Theft Issue in New Jersey": describing problem of theft in state of New Jersey and It's solving way. In the state of new jersey theft is the value of property or services over 200 dollars. A person that gets convicted of theft can get prison sentence of 6 months or a fine of 1,000 dollars. Theft can be a misdemeanor or felony depending on how much money or how much the property is worth. Other…...
Common LawCrimeCriminal JusticeJusticeLawRobbery
Court Visit Assignment
The court is regarded as a temple of justice. Mauritius as compared to the UK has a single structured judicial system which consists of two-part of the hierarchy namely the supreme court and subordinate courts. However, the United Kingdom does not have a single unified judicial system. This report will be an account of my visit to the Mauritius Supreme Court and the comparison of the structure and the proceedings with the UK.The atmosphere in the Mauritius courtroom was quite…...
Common LawCriminal LawJudgeJusticeLaw
The Bail Reform Act
In 1961 a retired engineer named Louis Schweizer took a stand to make changes in the way pre-trial bonds were completed. Mr. Schweizer investigated the workings of the Brooklyn House of Detention that same year. He was moved to take necessary steps to assist those who were too poor to be able to also be released before a trial. Schweizer was a man with many contacts and was able to show evidence-based facts that freeing those who were screened in…...
Common LawCrimeCriminal JusticeJusticeLaw
Principle Of Survivorship
The next step in the chain is when Julian arranges to meet with Anne and Dick with the intention of selling one of them his share. I feel it is important here to turn our attention upon the letter he sent, for if it was found to be ineffective in severing Julians interest it could then be said that by arranging the meeting to discuss “his share” coupled with Anne’s agreement to purchase his share Julian effectively severed his interest…...
Common LawCommunicationJusticeLawProperty
Presumption As To Jurisdiction
Presumptions A presumption is a legal notion that allows a judge or jury to assume a certain fact is true if another fact, or set of facts, can be proven by a party to the case. In addition to the rules, specific presumptions may be applied by the courts when faced with uncertain cases. These provide primary principles enforced on the statue to be interpreted. Some presumptions of statutory interpretation are: i)The presumption against ousting the jurisdiction of the courts…...
Common LawCourtJusticeLawPolicyPolitical Science
Mapp V Ohio Essay
Mapp petition for a writ of Certiorari to the Supreme Court for the appeal from the Supreme Court of Ohio. Statement of Key Issues was the search of Mapp's home a violation of the fourth amendment? Was the evidence used against Mapps in court illegal? Facts: On May 23, 1957, three Cleveland police officers arrived at Mapps Home to ask them questions pertaining to someone hiding out in their home, which was wanted for questioning in a connection to a…...
Common LawCriminal LawGovernmentJusticeLaw
Zaldivar Vs Gonzales Case Digest
Duty of a Lawyer Zaldivar was the governor of Antique. He was charged before the Sandiganbayan for violations of the Anti-Graft and Corrupt Practices Act. Gonzales was the then Tanodbayan who was investigating the case. Zaldivar then filed with the Supreme Court a petition for Certiorari, Prohibition and Mandamus assailing the authority of the Tanodbayan to investigate graft cases under the 1987 Constitution.Essay Example on Case Study On Coca Cola In India The Supreme Court, acting on the petition issued…...
Common LawCourtFreedom Of SpeechJusticeLawPolitics
Business Law Research Paper
Business lawEssay Example on Business Law In business law, for a contract to be enforceable it has to be provable. This means that whether it is written or oral, a contract has to have some form of way to prove that it is existent (Jennings, 2006). For oral contracts, it may be difficult to prove existence of certain terms due to lack of evidence. However, written contracts are easier to prove as it is written on paper and signed by…...
Business LawCommon LawCommunicationContractJusticeLaw
People V. Sisuphan
The following sample essay on People V. Sisuphan Appellant Lou Surivan Sisuphan took $ 22. 600 in hard currency and $ 7. 275. 51 from ( Toyota Marin [ the franchise ] suspect ) his employer’s safe on July 3. 2007. He did this in hopes that a coworker would be held responsible for the disappearing of the money and would be terminated. Sisuphan was convicted of peculation on April 15. 2008. In June 2008 he entreaties from the judgement…...
Common LawGovernmentJusticeLaw
Is Revenge Justifiable
When someone commits an act of wrongdoing, is it ever fair for the sufferer to take vengeance on them for the crime that the person has committed? The punishment depends on the situation and the form of punishment taken, but In most cases revenge is not justified, and retribution or reparation are better options. If a person commits a crime, they should obviously be punished as with any Justice system. However, revenge should be avoided as an option. Fortunately most…...
Common LawCrimeJusticeRevengeSocial Issues
Research Paper On Contract Law
CONTRACT is a valid contract which lacks legal sufficiency due, for example, to incorrect or incomplete following of a required or statutory procedure, and may not be enforceable by the courts. Four Classifications of Defective Contract : 1. Rescission Contract Declaration or clearly communicated intention by a party to a avoidable contract that it is exercising its right to terminate (rescind) the contract. It is an irrevocable step that frees the other party as well from its contractual obligations, as…...
Business LawCommon LawContract LawJustice
Analyse The Legal Aspects In Purchasing
Deer what conditions might purchasers be personally liable for contracts they enter into? If you misrepresent your authority by: Making a false statement concerning authority with intent to deceive, or when misrepresentation has the natural and probable consequence of deception. Carrying out a detrimental act without authority, even though believing they have such authority. Performing an act that is itself illegal, even on authority from the employer.Essay Example on Legal Aspects Of Procurement Deliberately performing an act that results In…...
Common LawContractJusticeLaw
Constitution of Nepal 2072 2015There are various provision related
Constitution of Nepal, 2072 (2015)There are various provision related to women fundamental rights. Articles 16(1), 21(2), 28, 29(1), 38(3) and 39(6), (7) are the prominent one. Article related to- Right to live with dignity states that, Every person shall have the right to live with dignity.[ Constitution of Nepal, 2072 (2015). Article 16(1).] Similarly, Article related with- Right of victim of crime states that, A victim of crime shall have the right to justice including social rehabilitation and compensation in…...
Common LawConstitutionJusticeLawPoliticsSocial Issues
Intraoffice Memorandum
Facts The Client wants to know whether she should change the name of the restaurant or should she simply just fight for keeping the name. Mr. Sawyer the Defendant simply wants our client to change the name because it is a violation of the Trademark Registration Act, especially since Mr. Sawyer has the patent for the name of the restaurant; Mr. Sawyer has had the restaurant for years. Issue Will Mr. Sawyer be likely to succeed on his claim of…...
AppealCommon LawCourtJudiciaryJusticeLaw
The Death Penalty
America is a land of the free, a place where everyone is treated with the thought that the people have human dignity and free will which means they can do pretty much almost any and all things they want to do. However, some of these people choose to do evil in their lives instead of good for the world which can result in punishments like incarceration and jail time. There is one punishment reserved for serious crimes and crimes that…...
Common LawDonald TrumpJusticeLawPoliticsPresident
Warrants Essay Example
Warrants Essay IntroductionWarrantsWarrants Essay Body ParagraphsWarrants Research on warrants Warrants are issued by a judge on behalf of the state. These warrants authorize a criminal’s arrest and detention. It also authorizes searches and seizure of a person’s property. A criminal warrant is a legal document ordering the law enforcement officers to carry out some of the activities in line with a criminal case. These warrants may be issue without the accused person’s knowledge. The criminal may not be aware of…...
Common LawCourtCrimeCriminal JusticeJudgeJustice
Society Should Not Allow the Death Penalty
“Dead man walking!” This sound rings through each and every death row inmate a thousand times a day; but should it? Capital punishment is one of the most controversial topics among Americans today. The most severe of all sentences: that of death. Also known as the death penalty, capital punishment this is the most severe form of corporal punishment as it is requires law enforcement officers to kill the offender. It has been banned in many countries, in the United…...
Common LawDeathDeath PenaltyDiseaseHealthJustice
Essay Examples on Capital Punishment
To write a good essay on Capital Punishment, first, you need to get an idea of what to write about. To get inspiration, please go through our essay examples on this topic. Capital Punishment Essays: Table of Content Arguments for and against Capital Punishment Essay Is Capital Punishment a Right Way of Punishment Essay Gillepsy's Opinion on Capital Punishment Essay My Reflection on Capital Punishment Essay Should capital punishment be brought back in the U.K Essay Arguments for and against…...
Capital PunishmentCommon LawCrimeCriminal JusticeJustice
Workers compensation
Workers compensation is a division of tort law, or rather a type of insurance that is in place to provide medical care for employees who are injured during the course of employment or performing the functions of their employment positions. Workers compensation is set up to provide compensation for the and to the employee in exchange for that employee’s right to sue the employer for the injury that they sustained on the job. If the claim is approved the employee…...
Common LawEmploymentInsuranceJusticeLawWork
Commercial Law Case Briefs
Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff, at the request of the defendant, executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee, along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract of indemnity without suffering actual loss? ) Whether…...
Business LawCommon LawContract LawJustice
Legal Analysis of Law on Sales
Article 1458 of the Civil Code de? nes “sale” as a contract whereby one of the contracting parties (Seller) obligates himself to transfer the ownership, and to deliver the possession, of a determinate thing; and the other party (Buyer) obligates himself to pay therefor a price certain in money or its equivalent. 1 The Roman Law concept embodied in the old Civil Code2 that treated delivery of tangible property as the sole purpose of sale has been modi? d under…...
Common LawContractCourtJusticeSales
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