The Principle Of The Common Law Legal System

Although it is commonly assumed that the law protects people, in fact, the author argues that there are times

In Australian, a proprietary company need to registered to start its business under corporation Act 2001. This is is a common wealth legislation administered by the ASIC. Normally, a corporation does not have a legal existence before the registration. Registration of a company makes it can be treated as a legal entity . The company can have its own name to hold its property, it can enter into a contract or rescind, also the company can be sued or sue the others. Registration is the most important but not the only thing to establish a business. Before the registration, a company may be have to entry into a contract. Before the pre-registration, the contract always void because the company is not a legal entity. So the pre-registration contracts cause many legal problems of the rights and responsibilities. The pre-registration contracts have different explains in the Australian legal system, the most important are the common law and the statute law.

Common Law claims are mostly determined by tort laws. Employees wishing to sue their employer for workplace privacy may rely on privacy tort theories. Privacy tort is separated into four branches of action: 1) Intrusion upon seclusion or solitude, or into private affairs, 2) public disclosure of embarrassing private facts, 3) publicity which places a person in a false light in the public eye and 4) appropriation of name or likeness. Intrusion of privacy tort is often used in many court cases between employers and employees in the workplace ( Fazekas,2015).

Criminal Law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedure matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system are kept intact.

The U.S law is comprised of 4 major sources which cover different fields in the U.S legal system. Alike many other countries, the U.S also abides by the common law. Common laws are made up of general rules, customs, and experiences, which have already occurred in the judicial system. The common law provides a fair and constant guideline for individuals in society and in the legal system to follow by. Constitutional laws are those that are expressed in the U.S Constitution and explain the powers and limits that the government has. Although some state constitutions share the same laws that the U.S constitution enforce, certain states vary and provide larger rights to their citizens. Unlike the common law, statutory laws are written laws that

Answer: By the reign of henry II, the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement, but often the reasoning behind the judgement, in much the same way as the modern law reports does.

With the media giving cost play to the term "Constitutional", in reference to ongoing discussions between the Executive Branch and the Legislative Branch, some confusion concerning the power of Constitutional Law and its foundation for our legal system is understandable. Constitutional law is not confined to the founding document as the sole source of our legal system. It includes the past rulings of the Supreme Court, as well as guidance given in the various writings of the original founding fathers and the precedence of Common Law. Thus Constitutional Law encompasses the entire sphere of American Jurisprudence and its continued evolution will have a resounding effect on both the rights and liberties of the individual for generations to come.

The court system is a significant role in maintaining proper justification for crimes. As with any large organization there is a hierarchical structure, the court system is no different. One main difference is the federal, state and local court systems have a different hierarchy. In this paper one will get a better understanding of the hierarchical structure of the different court systems.

This principle has been restricted by many exceptions: Failure leads to criminality about it, if the statute law is merely said that a success "caused" to be. But also in the field of law is not fixed common-law -crime several exceptions are discussed:

Undoubtedly, the constitutional principle of the rule of law is one of the most essential values in the English legal system. It has aptly been characterized as “a wrapper that is placed around a bundle of more specific principles”. Interestingly, prominent personalities like inter alia, Lord Bingham, Jeffrey Jowell and Dicey, have identified that legality, certainty, accountability, efficiency, due process and access to justice are only a number of those specific principles which all together constitute the rule of law. Some of these values reflect the formal conception of the rule of law while others, the substantive. Furthermore, it would be an omission not to say that, within the absence of a written constitution, the rule of law places a significant role within the English legal system.

Equal treatment in society is a recognised common law principle. But over the last decade successive governments have developed statute law that is both far reaching and robust. This vast expansion and promotion of equality now takes form in The Equality Act 2010 which provides protection for people or groups of people from discrimination. As well as promoting equality in society, it also provides a comprehensive framework for both employers and employees in how to assess whether discrimination has occurred in a workplace environment. It reflects the scope of the original aims laid down by the European Convention on Human Rights (ECHR) and along with section 3 of the Human Rights Act 1998, equality in the United Kingdom is one step ahead of our European partners.

III- The court system or the structure of court in civil law and common law system

Distinguish between the role of criminal law and civil law in relation to the legal system and analyse the purpose of the law.

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.

The judges in the lower courts are bound to follow previous decision of the higher courts. It is an essential component of the common law as it is important of adequate law reporting. It is a decision of the court used as a source for future decision-making.