Comparative Study of Legal Systems Assignment 1 Name Institution Date Comparative Law: An Aid to Legislators Comparative law has several practical applications. This has made it a very key subject in various aspects of law practice and study. Zweigert and Kötz identify four major areas where it has been widely and effectively used . These include being used as an aid to legislators, as a component of the curriculum in universities, a tool of construction and as a contributor to the systemic unification of law. All these areas underscore the importance of the subject. This treatise looks into cooperative law as an aid to legislators. This is done by reviewing and evaluating how it has been used in different countries of the world for legislative purposes and in the molding of the existing legal structures and systems. The topic of the influence of foreign and cooperative law in the legislation process has widely been investigated by several scholars. This is basically done in order to understand how various parliaments use the foreign and comparative law in drafting, discussing and approving new legislations. It is not by chance that a lot of focus has been put in this particular aspect of law but due to the importance of the practice. The application of comparative law in legislation is something that has been in existence for a long time now . Legislators from various regions of the world have always found it hard to come up with certain legislations without
Imagine you are the director of health information services for a medium-sized health care facility. Like many of your peers, you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs, which is significantly below the actual costs incurred as part of the contract. (Case Study, p. 20)
Developing information suggests that a criminal justice system gains practical value by generating societal views of fair enforcement and judgement. Particularly, views of practical fairness resulting in views of the system 's legality, may promote systemic compliance with applicable law, support with legal institutions and actors, and respect to even negative outcomes. A separate information alludes that a criminal justice system derives realistic value by allocating criminal legal responsibility and punishment according to principles that trail general instincts of justice. Distinctively, views of applicable justice resulting in views of the system 's ethical credibility would seem to promote compliance, support, and respect. By contrast, a criminal justice system alleged to be procedurally unfair or basically unjust may incite resistance and agitation, and may lose its capacity to control powerful social and normative influence.
Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, & Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized manner for resolving human conflict.
The law should on all occasions strive to not exist as a separate sanctity to society. As much as possible, governments and judicial bodies should aim to include the public in the creation, maintenance and amendment of the law. The community consultation process of law reform is a vital cornerstone to societal inclusion in the lawmaking process. It allows the people living through the law reform experience to share their own insight and opinion, allowing major societal influence in the creation of legislation and other legal principles. The current law reform environment does allow some hinderance to the consultation process, through the overcomplicating of documents, or time restraints, however with minor adjustment, this system
Human rights are the recognition of basic rights and freedoms believed to justifiably belong to all human beings.
By and large, the appropriation of the case administration layout for a court system can have numerous positive and negative impacts. As the chairperson of a court with 50 workers, the expansion of caseloads has turned into a prevention of productive work. A positive angle for this surprising increase in the amount of cases could evolve into new additional duties for the court system itself. Despite the fact that the immediate benefits of this case administration framework are rare, they have a tendency to become more apparent when the system has been set up for some time. The issue with a longer usage time is that system itself tends to be slow to change. Thus when something has been the standard for quite a while, an orderly change is hard. The negative impact of this case management system is the deficient precautionary measures taken when caseloads get to be overpowering. The case management system combined with a 50 man court framework has turned out to be a disappointment after some time, and the pattern is deteriorating. With the case documenting multiplying in the previous seven years, it is vital that something is done to diminish the effect of being overpowered. Case management has made judges reconsider their present system in dealing with the courts (Peak, 2010).
Two potential lawsuits regarding the development of the infrastructure to the subdivision may be present. An infrastructure includes power, utility, cable, gas lines, and sewer pipes. The impending lawsuits imply the construction of the infrastructure will block access to a current utility easement therefore, denying the use of the easement by the city or the adjacent property owner. The city has warned said client of a lawsuit for fraud against a municipality in addition to closing down the new project and business altogether. The adjacent property owner is also threatening to sue for damages to property as well as trespassing.
The United States legal system is considered one of the most reliable legal systems in the world. This is due to the ability of various stake holders such as law enforcers and law makers to follow through systematically and adequately what is expected of them by the constitution. Prior to the establishment of the Bill of Rights in December 1791, many people would often find themselves accused of crimes they did not commit and would therefore face penalties for such crimes. The legal system then was not keen on respecting human rights and people of alleged crimes would be put through cruel methods of interrogation only to later confess to crimes they did not commit. In the event one was actually guilty of a crime, they had neither the means
There are two kinds of courts in the United Stated – state courts and federal courts. Each one possesses their own distinguishing features. We will look at the key players at each level as well as jurisdictional rules, interpretation issues as well as the effect of evolving technology on court proceedings at each level.
The purpose of this paper is to make the reader aware about the significance of the history of judicial system prevailing within the premises of United States. This paper intends to explore the Court System of United States. The major historical developments in the courts of United States will be discussed. Moreover, the rationale of the dual court system of the United States will be outlined. This paper will also explore the correlation between the historical developments and the dual court system of the United States.
As a preface to this assignment I would like to say that it is virtually impossible to inset all the solutions to a nations criminal justice problems in a one page (per county) summary. With the diverse nature of all 4 countries, to be able to “fly” into a foreign land at the request of the leader, and be given “Carte Blanc” to handle their criminal justice problem is about as impossible as implementing all that is needed to fix their criminal justice system issues within the perimeters of this paper. I would actually like to be alive in 2025 and to see this happen (other countries allowing us to handle their criminal justice systems) it might be akin to the forefathers of this country (Washington, Jefferson, Hamilton etc)
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.
In the English Law system, the effect of legislation remains statute in force until they are repealed. (R v Ducan, 1994). The application of legislation is ambiguous.
And so today, it is needed to rely on socio-legal research for law reform, which serve the various purposes such as it suggests a reform in the existing law, socio-legal research, collect, search and make available the legal principle which are useful for society, it suggests a set of rules where no rules exist at all.