Common Law Essays
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A Fraud is an Intentional Deception
Example essay. Last modified: 20th Aug 2019
A fraud is an intentional deception made for personal gain or to damage another individual. The specific legal definition varies by legal jurisdiction....
Admissibility of Evidence Recorded
Example essay. Last modified: 8th Aug 2019
This research paper attempts to briefly trace the creation and progress of the exclusion rule of hearsay evidence in common......
An Analysis of Circumstances
Example essay. Last modified: 8th Aug 2019
Every offence require proof of the actus reus and mens rea. The question is focus on actus reus. Therere three categories which are under actus ......
Common and Civil Law Are Two Very Different Legal Systems
Example essay. Last modified: 7th Aug 2019
The common law system and the civil law system are in fact two very different legal systems; they have developed in different geographical areas an......
Common Law Is Case Law Made by Judges
Example essay. Last modified: 3rd Dec 2020
Common law is case law made by Judges which establishes legal precedents arising from disputes between one person and another [1]. It differs from ......
Common Law is Developed by Judges
Example essay. Last modified: 19th Aug 2019
Common law is developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statues or executive branch action....
Common Law on Rape
Example essay. Last modified: 12th Aug 2019
I will start this essay by stating that it is relatively difficult to disagree with the statement in the question that until recently the development of the common law...
Common Law Reasoning
Example essay. Last modified: 8th Aug 2019
Fundamental principles of the English legal system include...
Common Law Reasoning and Institutions
Example essay. Last modified: 16th Aug 2019
This is the Court of Chancery… which gives to monied might the means abundantly of wearying out the right; which so exhausts finances, patience, courage, hope; so overthrows the brain and breaks the heart; that there is not an honorable man among its practitioners...
Common-law and Statutory Provisions Governing
Example essay. Last modified: 8th Aug 2019
The full implication of Lord Wolf’s reasoning in the case of R v Highton [2006] 1 Cr App R 125, became explicit in R v Campbell [2007] EWCA Crim 1472 in relation to the admissibility and use of bad character evidence of an accused person....
Criteria for Raising a Civil Action in Negligence in Common Law
Example essay. Last modified: 28th Apr 2021
To understand the law surrounding negligence we must first look at the foundation of modern-day laws surrounding negligence at common law, these are derived from the case of Donoghue V Stevenson....
Customs Are Embodied Through Case Law and Act As Precedence
Example essay. Last modified: 3rd Dec 2020
Common law is a body of law which is based on general principles and customs; this customs are embodied through ca......
Defence of Provocation Can Be Used to Reduce the Sentence
Example essay. Last modified: 12th Aug 2019
My lord, the defence of provocation can be used to reduce the sentence of murder to the still serious offence of manslaughter......
Definition of the Jury System
Example essay. Last modified: 24th May 2019
The jury system consists of twelve people who sit in criminal and civil events to make decisions on matters of facts. In England there is an approx......
Distinctions between Common Law and Civil Law
Example essay. Last modified: 1st Sep 2021
The aim of this essay is to look at the basic distinctions between common law and civil law and also common law and equity. This essay will firstly look at the historical context of civil and common law and then contrast distinctions between the two....
Drinking and Driving in the UK
Example essay. Last modified: 8th Aug 2019
Driving a car to work or school means reaching there early. In addition to the above, driving has huge benefit for those who live out in rural areas and want to go into town....
Equitable Remedies in Common Law, an Analysis
Example essay. Last modified: 20th Aug 2019
This will be aimed at whether the remedies afforded under equity are more reliable and fairer than that under the common law....
Exemplary Damages
Example essay. Last modified: 8th Aug 2019
Exemplary damages’ also known as punitive damages are damages which are intended to punish the defendant and seek to effect retribution, as well as being concerned to deter the defendant from repeating the outrageously wrongful...
Hearsay Evidence, Statutory Accommodation in the UK
Example essay. Last modified: 7th Aug 2019
- Chapter 2, Part 11 of the Criminal Justice Act, 2003(hereinafter '2003 Act') has sought to redefine and regulate the exclusionary rule against hearsay and the permissible exceptions....
How Adverse Possession Is Interpreted in Common Law
Example essay. Last modified: 17th Jun 2019
Issues in relation to the doctrine of adverse possession and how it has been interpreted through the common law and through statute....
Important to Analyse and Understand Common Law Misrepresentation
Example essay. Last modified: 8th Aug 2019
Preceding to Section 52 of the Trade Practices Act 1974 (TPA), misleading and deceptive conduct was an area covered by common law misrepresentation......
Inquisitorial and Accusation Systems of Trial
Example essay. Last modified: 30th May 2019
What Are The Advantages And Disadvantages Of Both The Inquisitorial And Accusation Systems Of Trial? Can And Should A Hybrid System Be Created...
Lading is the Receipt of Goods and Document of Title
Example essay. Last modified: 8th Aug 2019
Bill of lading is the receipt of goods and document of title. In the above scenario the master of Mv.County should not have signed the clean bill o......
Law Questions
Example essay. Last modified: 6th Aug 2019
There are quite a lot of definitions of law but no agreement as to the precise meaning. Some of the definitions of law are as follows:...
Lay People and Their Role as Magistrates and Jurors
Example essay. Last modified: 21st Sep 2021
The term ‘lay people’ is used to describe the use of ordinary, non-qualified people in the legal system. It is believed that by using ordinary people in courts it makes the system fairer....
Negotiation and Different Types of Negotiators
Example essay. Last modified: 6th Aug 2019
“Disputes are inevitable element of human interaction and society needs to develop efficient and innovative methods of dealing with ......
Proper Investigation is Fare Judgement
Example essay. Last modified: 12th Aug 2019
Mankind has shifted from the state of nature towards a civilized society.. award of punishment following conviction at a trial in a system ......
Propriety Claims in Common Law
Example essay. Last modified: 8th Aug 2019
This paper will explore the standards of mental intent required to prove breaches of the fiduciary relationship, and if these principles are unnecessary....
Provocation is a Common Law
Example essay. Last modified: 20th Aug 2019
Provocation is a common law and a partial defence to a charge of murder. Provoked killings have long been thought to be less serious than unprovoked killings....
Should Lawful Acts Constitute Illegitimate Pressure in the Doctrine of Duress?
Example essay. Last modified: 11th Jun 2019
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Stare Decisis Final
Example essay. Last modified: 6th Aug 2019
Common law is the law made by judges...
The Approach of the Common Law
Example essay. Last modified: 15th Aug 2019
Until recently, there was no relief available for the employee who suffered psychiatric injury arising from work-related stress. If no physical damage was found, the courts would not allow the claim to proceed....
The Committee on Homosexual Offences and Prostitution
Example essay. Last modified: 20th Aug 2019
STUDENT ID: 10000628 This essay is centred on the critique written by Lord Patrick Delvin in response to THE Report of the Committee on Homosexual ......
The Communal Violence
Example essay. Last modified: 16th Aug 2019
Communal violence threatens the secular fabric, unity, integrity and internal security of a nation. With a view to empowering the State Governments and the Central Government to take effective...
The Concept of Deterrence
Example essay. Last modified: 19th Aug 2019
The Concept Of Deterrence Is Fundamental To The Success Of A System Of Regulatory Sanctions, But Ensuring Optimal Deterrence Is Very Difficult....
The Defence of Provocation
Example essay. Last modified: 20th Aug 2019
Analyse the defence of provocation, with special consideration given to the changes provided by the case of R v Smith (Morgan) [2000] 4 All ER 289...
The Doctrine of Res Gestae
Example essay. Last modified: 31st Aug 2021
The aim of this paper is to investigate the manner in which the res gestae doctrine has been characterised under Common Law, and to trace its development as an exception to the exclusionary hearsay rule....
The Fundamentals of the Sixth Amendment
Example essay. Last modified: 7th Jun 2019
America is known as the land of the free, and the land of opportunity. This is true for all Americans.....
The Nature and Purpose of Equity
Example essay. Last modified: 23rd Nov 2020
The term “equity” is in a general sense, associated with notions of fairness, morality and justice. It is an ethical jurisdiction....
The Partial Defence of Provocation
Example essay. Last modified: 12th Aug 2019
Up until the 12th November 2009, provocation was a common law partial defence only to murder. It originated from the common law but was given statutory form in The Homicide Act 1957, section 3. If a defendant successfully pleaded provocation,...
The Principle of Separability
Example essay. Last modified: 12th Aug 2019
Ever since Heyman v Darwins Ltd the English common law has been evolving towards a recognition that an arbitration clause is a separate contract which survives the destruction (or other termination) of the main contract....
The Republic of Uganda
Example essay. Last modified: 22nd May 2019
Uganda is located in East Africa. The country has attained independence on from British colonial rule on 9th October 1962. Before that, this country was governed by United Kingdom from 1894 to 1962....
Types of Defamation
Example essay. Last modified: 20th Aug 2019
The Malaysian Defamation Act 1957 does not define defamation. The matter is governed by common law. The common law recognized two forms of defamation that is libel and slander....
Unlawful Killing of a Human Being
Example essay. Last modified: 8th Aug 2019
‘Homicide’ could briefly be explained as the unlawful killing of human a being. There are three main points to ascertain in order to establish ......
What is Nervous Shock?
Example essay. Last modified: 7th Aug 2019
The law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify, Lord Steyn, Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500....
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