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.
Case Analysis on Carlill V. Carbolic Smokeball Company
Carlill v. Carbolic Smoke Ball Company Ltd is one of the most leading cases in the law of contracts under common law. Known for both its academic importance and its contribution in the development of the laws relating unilateral contracts, it is still binding on lower courts in England and Wales, and is still cited by judges in their judgements. This research paper aims to critically examine and analyze the facts and the judgement of the case, along with the…...
Common LawContractGovernmentJusticeLaw
Essential Characteristics of Contract of Sale
Generally “a contract of sales of goods is a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called price.” Section 2(1) Sale of Goods Act 1893 United Kingdom. Thus contract for sale includes both present sale of goods and a contract to sell the goods at a future time and a sale consists in the passing of title from the seller to the buyer for a price. The…...
Business LawCharacterCommon LawJusticeLaw
Magna Carta Essay
Magna Carta came from the Latin word “Great Charter”, which was authorized by King John of England, which deals with governing of his subjects according to Feudalism. During feudalism, the relationship between kings and their barons orders the rights and duties of each subordinate. The king cannot make any legal actions such as imposing high taxes or any military services without consulting the barons. The Barons rebelled against King John causing a revolt in England; Magna Carta was a result…...
Common LawJusticeLawMagna CartaPolitics
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Critique of Twelve Angry Men
Book Critique: Twelve Angry Men, Reginald Rose and David Mamet The criminal justice system of the United States, when first framed through the U. S. Constitution and Bill of Rights, was a revolutionary breakthrough in contemporary peace-keeping. For fear of becoming like their former governing nation - wherein unreasonable trials were held in such a way that numerous individuals accused of criminal acts were not offered a opportunity to demonstrate their innocence or, in some cases, a trial by jury…...
Common LawCrimeCriminal JusticeJusticeLaw
R V Bilal Skaf, Legal Studies Research Report
Preface: Due to space constraints I will be focusing on the actions taken by and taken against BILAL Skaf solely as opposed to his brother MOHAMMED Skaf. In addition, I will be concentrating on the events which the charges were given rise to on 12 August 2000 and as opposed to 2 separate cases rape cases which Bilal Skaf was also a belligerent for the month of August 2000. I will also be mentioning the recent appeal case in 2008…...
AssaultCommon LawCrimeCriminal JusticeJusticeLaw
Gajapati Narayan Deo v. State of Orissa Summary
The following example essay on "Gajapati Narayan Deo v. State of Orissa Summary" is a detailed analysis of the lawsuit as to the validity of Orissa Agricultural Income-tax. The appellant firstly contended validity of Orissa Agricultural Income-tax (Amendment) Act, 1950 claiming it to be colourable legislation as its object was to reduce income of intermediaries in order to pay them less compensation and as it was based upon provisions of Bihar Land Reform Act. Secondly that in relation to Madras…...
Civil RightsCommon LawFree PapersHuman RightsJusticeLaw
First Degree Murder
Many murders nowadays consist of first-degree murder. First-degree murder is an unlawful killing that is both willful and premeditated. In California, even a killing that wasn’t intentional may be treated as a first-degree murder if it happened during a dangerous felony. A dangerous felony can include rape, carjacking, robbery, arson, kidnapping, burglary or mayhem, this is called felony-murder rule. Murder in the first-degree may be chargeable to a person who did not actually kill, but was involved in a crime…...
Common LawCrimeJusticeLawSocial Issues
Nursing Jurisprudence
LEGAL & ETHICAL issues in Nursing Nursing Etiquette concerned with moral principle governing the conduct of nurses towards patients, physicians, colleagues, the nursing profession and public Ethics part of philosophy that deals with systematic approaches to questions of morality a term for the study of how we make judgments regarding right and wrong a system of MORAL PRINCIPLES or moral standards governing conduct Moral human conduct in the application of ethics Concerned with JUDGMENT PRINCIPLES of right and wrong in…...
Common LawCrimeEthicsJusticeLawNursing
Exclusionary On Rule Evaluation
Exclusionary Rule Evaluation According to Dictionary. com (2013), the definition of the exclusionary rule is a rule that forbids the introduction of illegally obtained evidence in a criminal trial. This evaluation will cover information regarding the rationale and purpose, the costs, benefits and alternative remedies of the exclusionary rule. Rationale and Purpose of Exclusionary Rule The exclusionary rule, a court-made rule is designed to exclude evidence obtained in violation of a criminal defendant’s 4th amendment rights (Farlex, Inc. , 2013).…...
Common LawCrimeCriminal JusticeJusticeLaw
Torrens Title System & Indefeasibility
TORRENS TITLE * System of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers immediate indefeasibility in the absence of fraud (Frazer v Walker [1967]] 1 AC 569. * Sir Garfield Barwick sitting on the Privy Council in Frazer v Walker described it as: “a convenient description of…...
Common LawJusticeLawPropertyReal Estate
Malaysia – Copyright Act 1987
Copyright 1 LAWS OF MALAYSIA REPRINT Act 332 COPYRIGHT ACT 1987 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 COPYRIGHT ACT 1987 Date of Royal Assent ... ... ... … … 30 April 1987 21 May 1987 Date of publication in the Gazette … ... PREVIOUS REPRINT First Reprint ... ... ... ...…...
Common LawCopyrightIntellectual PropertyJusticeLanguageLaw
Administrative Law
LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL. B. , LL. M. , B. L. , PH. D. , Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL. B, LLM, M. Phil, Ph. D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr.…...
Common LawCourtJudgeJudiciaryJusticeMoney Laundering
Wajid’s Mobile Phone Contracts
Wajid, a plumber, has a mobile phone contract with Telecom until 31st October. He has also had dealings with phone companies Webphone and Savaphone, with a view to getting a cheaper phone contract elsewhere. The current date is 7th October. Wajid has a problem in the area of agreement concerning the three contracts he has sought advice on. Agreement is the meeting of minds or actions of the parties to agree on a contract, within which are two sections, offer…...
Business LawCommon LawContract LawJusticeLawRules
Police Corruption
According to the Stanford Encyclopedia of Philosophy corruption is defined as the abuse of power by a public official for private gain. Police corruption is the abuse of power by a police officer for their own personal gain. Police officers become corrupt mainly for monetary gain because most feel that police officers do not make enough money and they want to make more. Police corruption can be costly to society and it can even violate the rights of society. Police…...
Common LawCrimeDiscretionJusticeLawPolitics
Jaidyn Leskie Case
I. The Main Facts of the Case The main facts of the Jaidyn Leskie case are as follows: ?Jaidyn Leskie disappeared while in the care of Greg Domaszewicz on the night of 14 June 1997. ?Mr. Domaszewicz said that Jaidyn went missing after being left asleep at his house while he went out to pick up the child’s mother. ?On the night of Jaidyn’s disappearance a pig’s head and rocks were thrown at the windows of Greg Domaszewicz’s house. ?Senior…...
Common LawCrimeCriminal JusticeJusticeLaw
Economic loss in contract law
The following sample essay on Economic loss in contract law tells about pure economic loss. In regard to the extract taken from Markensinis and Deakin's Tort Law (5th Edition), from the writer's comments we see that there is dispute on whether cases of 'pure economic loss' in regard to compensation and damages, should be exclusive to the area of contract law instead of appearing in both the areas of contract law and tort law. We therefore must explore the similarities…...
Common LawContractJusticeTort Law
Consumer Definition
The most useful dictionary definition of a 'consumer' is "someone who buys goods and services for personal use or need" (Chambers' 21st Century Dictionary). All consumer transactions are based on the law of contract. The consumer agrees to purchase goods or services and the seller in return provide those goods or services. Every exchange of goods is an agreement between the buyer and seller thus making them based on the law of contact. The major act that supports and assists…...
Business LawCommon LawJustice
The Current Law of Duress and Undue Influence
If a contract is entered into under duress or undue influence this could be used to make the contract defective. However duress and undue influence are only normally allowed in exceptional cases. For example if a person knows the terms of the contract they are entering into, they enter into the contract with their eyes open and receive independent advise than they won't be able to get out of the contract. However the law on duress and undue influence is…...
Business LawCommon LawContract LawJustice
SMC Electronics vs Akhter Computers & Others: Court of Appeal Decision
SMC Electronics Limited v. Akhter Computers Limited & Others Court of Appeal (Civil Division) Lord Justice Henry Lord Justice Latham and Sir Murray Stuart-Smith Lord Justice Henry: Introduction 1 The Claimant, SMC Electronics Ltd, ("SMC"), and the Defendants (all part of the Akhter Group of companies ("Akhter")), both sell power supply units ("PSUs"). PSUs are printed circuit boards with capacitors and other components soldered on to them. This is Akhter's appeal from the decision of HHJ Green dated 31st March…...
Common LawContractEmploymentJudgeJusticeLaw
The doctrine of notice for purchasers of land today
This is a question about the doctrine of notice or, the purchaser known as 'equity's darling' (as they are sometimes referred to). In order to critically evaluate the validity of the view expressed by the writer in the question, it is will be necessary to: a) understand the doctrine of notice and its historical development and, b) determine whether the current position of the law and the applicability of the doctrine of notice is pertinent for purchasers of land today.…...
BooksCommon LawContractHistoryJusticeLaw
Gifts Under Muslim Law and the Requirement of Registration Analysis
Gifts under Muslim Law and the Requirement of Registration: An analysis of Legal Provisions and the Case Law Faizan I Nazar* I. Introduction Registration of some classes of documents is compulsorily required under the various statutes like Transfer of Property Act, Contract Act etc. The (Jammu and Kashmir) Registration Act, Svt 1970 (1922 A. D) is a specific Legislation which under section 17 enumerates the documents which have been compulsorily registered under the Act. The first class of document which…...
Common LawContractGiftHolidaysJusticeLaw
Intergenerational Versus Intra-Generational Equity
Whilst the notions of intergenerational equity and intra-generational equity are not always completely incompatible, the assumption that they are necessarily mutually reinforcing is certainly misguided. The notions of equity as between noncontemporaries and contemporaries can quickly be distinguished. The former requires thought about levels of savings of natural and other assets over time. The latter is inherently connected to distributive politics between contemporaries. The notion of distributive justice between contemporaries is a highly contested area, of course, and presents a…...
Common LawJudgeJudiciaryJusticeLawPolicy
Arizona V Johnson
Arizona v Johnson (2009) 129 S. Ct. 781 Date of Judgment: January 26, 2009 INTRODUCTION In 2002, Lemon Montrea Johnson was the passenger in the backseat of a car stopped for a traffic violation. Johnson was charged with; inter alia, possession of drugs and possession of a weapon by a felon. These items were discovered during a protective pat-down search of Johnson. Johnson was convicted by the trial court. Johnson argued that his conviction should be overturned because the trial…...
Common LawCrimeCriminal JusticeJusticeLaw
Business Agreement and Requirement to Form a Valid Contract:
Table of content Introduction5 Content6 Task 1:6 1. Business agreement:6 2. Requirement to form a valid contract:9 Claim 1:13 Claim 2:15 Claim 3:19 Task 2: Explain the differences among conditions, warranties and innominate terms with examples to illustrate:22 Task 3: Law on standard form contracts:24 Claim 4:29 Conclusion32 Reference32 Introduction The knowledge of the law of contract is very importance when doing business. Law of contract is a part of Common law which focus on the formation and operation of…...
Business LawCommon LawContract LawJusticeLawRules
Consequentialist theory of punishment
This essay is going to concentrate on the second type of modified consequentialism: Societal Defence. The underlying problems produced by the consequentialist theory of punishment have proven short-lived within the modified theories of consequentialism. The pure consequentialist theory provides four main concepts in which it acts to punish an individual who has committed a crime. The concepts cover incapacitation, deterrence, reform and rehabilitation. According to the modified consequentialist theory, "punishment is used as a deterrent upon the individual's use of…...
Common LawCrimeJusticeLawPolitics
Does prison work
Does Prison Work? The aim of this essay is to analyses and discuss the prison system in England and Wales to determine whether or not the current prison system works. The work of Joyce (2006) suggests that there are five objectives that are analyses when looking to see if prisons work, these are punishment, reform, incapacitation, deterrence and denunciation. However due to the limited word count this essay will only look at three key factors of prisons including punishment, rehabilitation…...
Common LawJusticeLawLifePoliticsPrison
The Three Strikes Law
For the following BAD Key Assignment Draft, I will be discussing my thoughts on the three strikes laws, requirements, and the Ewing v. California case as it pertains to the three strikes law. Next, a few thoughts on how the public feels about crimes, both violent and non-violent, mandatory sentencing, and the discretion that prosecutors have during the sentencing process, will be discussed in detail. Following will be my thoughts regarding the scenario for reelection and how it pertains to…...
Common LawCrimeCriminal JusticeJusticeMandatory Sentencing
Communication in the Courtroom
This paper will discuss communication techniques largely used by the attorneys. After all, who are best actors? When does communication start? The communication process begins when potential Jurors are summoned by written communication through the united states Postal system to attend court for jury selection. Each Juror is directed to the appropriate courtroom through verbal communication by court officers. Once inside the courtroom, the court clerk verbally calls out each Jurors name to complete attendance. Jurors raise their hands to…...
Common LawCommunicationCourtJudgeJusticeLaw
Part 1 of the Consumer Protection Act 1987 introduced
In this essay, I shall get down with an scrutiny of the jurisprudence prior to 1stMarch 1988, when Part 1 of the Consumer Protection Act 1987 came into force in the Law of England and Wales, placing the grounds for the origin of the Act and the subsequent intents of this reform-legislation. I shall so discourse the content of the Act with peculiar focal point on its range ; i.e. who can action, who can be sued, and what sorts…...
Common LawConsumer ProtectionContractJusticeLawManufacturing
Case1 : King v.BioChem Therapeutic Inc Essay
Fact: Dr King is hired by Bio Chem. She signed a particular contract that specifies a period of probation. During this period. she can be let travel but you have to be known the incorrect behaviour in order to be able to rectify it. If the incorrect behaviour persists so your contract will be terminated. Issue: Is the expiration of the contract of Dr King for mistake justified? RatioEmployer version of facts:1st meeting: after 5 months and a half. during…...
Common LawContractEmploymentJusticeLaw
Capital Punishment Should Be Abolished
There are about 1. 000 people sentenced to decease because of perpetrating flagitious offense globally each twelvemonth ( Rogers. 2012. parity. 10 ) . However. some states still insist on implementing the decease punishment or capital penalty in order to cut down offense. In the 20th century it is contended that value of life should be pursed. and everyone deserves the right to last. For this ground. it can be argued that capital penalty should be abolished and whole life…...
Capital PunishmentCommon LawCrimeJusticeSocial Issues
Actus Reus – Paper
ACTUS REUS: OMISSION & CAUSATION The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt.…...
Common LawCrimeCriminal JusticeJusticeLaw
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