How To Use Common law In A Sentence
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Incommon law countries such as Canada, thetest of criminalliabilityis expressed by theLatinphrase, actus non facit reum nisi mens sit rea, which means that “the act does not make a person guilty unless the mind is also guilty”.
Man Not Criminally Responsible for Greyhound Bus Beheading; Victim’s Family Call for Punishment : Law is Cool
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The common law should sanction injustice no longer.
Times, Sunday Times
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It is likely that the court will accept that this evidence is admissible, since the strict common law rule is generally ignored.
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The common law should sanction injustice no longer.
Times, Sunday Times
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The "incompetency" of criminal defendants to testify at their own trials was part of the common law of England and then the United States until the Nineteenth Century, during which incompetency gave way to the notion that the basis for disqualification - the defendant's
FindLaw Writ - Recent Articles
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Yes, the common law and equity jurisdiction was extended, was it not?
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The rule as it has developed in common law jurisdictions is in fact an exception to an exception to a rule of evidence.
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A material witness statute was enacted in 1984 in a bipartisanship effort to codify common law in this area.
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I think the common law term would be "maiming" rather than assault.
"Ciomu's case is a dangerous precedent for all Romanian doctors."
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His Honour subsequently dismissed the summons in the Common Law Division and referred the probate proceedings to the Registrar.
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There is a statute and common law offense known as embracery, which is defined to consist "in such practices as lead to affect the administration of justice, _improperly working upon the minds of jurors_.
History of Woman Suffrage, Volume II
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You then need to look to State statute or common law for the content of the law and for the remedy.
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Historically, English and American common law has prohibited champerty - and officially, that is still the American rule.
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For example, battery under the common law was a general intent crime requiring the perp's awareness that he is acting in a proscribed manner.
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Using the humanistic technique of history and reminiscence, this article traces the idiosyncracies of the pythagorean philosophy: the refusal to put law in writing, the use of hieroglyphs, the dependence upon oracular judgment, the belief in multiple lives, askesis and akousmata, and places them at the root of what is most emblematically common law.
Archive 2008-04-01
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This tenet of common law states that unless a man can prove that he is sterile, impotent, or away from home at the time of conception, he is the legal father of any child born to his wife during their marriage.
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So does cartel activity amount to a criminal offence under common law, so as to justify its being extraditable?
Times, Sunday Times
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I keep my right to sue out my habeas corpus at common law,if you still want to search my bag.
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Under the English common law of feme covert – which was also the law in Massachusetts – married women had no right to own property, and the personal property a married daughter inherited from her father immediately became the legal possession of her husband, who could exert full powers of ownership over it.
History of American Women
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The bureaucratic control by government over the settlement process in Australia caused the demise of the common law system of water allocation by riparian right and the appropriation of rights to water by the government.
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The statutory amendment does not alter a disposition which was valid under the common law rules.
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Thus any later law was recognised in both common law and civil law jurisdictions.
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The term doctrine is used to refer to a principle of law, in the common law traditions, established through a history of past decisions, such as the doctrine of self-defense, or the principle of fair use.
"Death of Democracy: The Erosion of Freedom Doctrine of the Seond American Revolution" Chapters 1-3
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These sources were the printed cases; they expressed, in manifold dress, the few, everevolving and fructifying principles which constituted the genius of the common law.
A History of American Law
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Most states have replaced the common law definition of rape with statutes defining sexual assault.
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Nonetheless, this was certainly the common law rule with regard to criminal convictions.
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But separate and distinct organizations called chancery courts, now exist in but a few states; the power to try suits in equity having been given to the judges of the common law courts.
The Government Class Book Designed for the Instruction of Youth in the Principles of Constitutional Government and the Rights and Duties of Citizens.
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A third common law offence which may involve strict liability is that of blasphemous libel.
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The rules of common law and equity are both, in essence, systems of private law.
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Rights of access may be conferred both by the common law (e.g., under customary rights or the right to abate a nuisance) and by statute.
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You can have a common law in the statute, I suppose, in some loose sense.
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The rules of common law and equity are both, in essence, systems of private law.
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Recall that legal procedures of the chthonic tradition were essentially open ones; there were no barriers such as the praetor of roman law or the chancellor (keeper of the writs) of the common law.
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The common law is pretty clear about the impermissibility of ex post facto legislation and bills of attainder.
Archive 2009-03-01
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This could be seen as an attempt to influence the doctrinal development of the common law.
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The defendant raised threshold defences contending no common law remedy or 1998 Act remedies were available.
Times, Sunday Times
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Common law lawyers tend to talk about things assuming everyone knows what they mean.
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This can be seen if one looks at cases in which a public authority has been under a statutory or common law duty to provide a service or other benefit for the public or a section of the public.
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If in the event of a correspondent bank's lapse the customer's bank or the correspondent itself is to be made liable, either at common law or by statute, the issue of consequential damages must be faced up to.
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That is, there might well be a distinction between the way the common law defence develops, conformably with the Constitution, and the strict limitations on the necessary implication from the Constitution.
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The same common law defence of lawful correction currently exists in New South Wales.
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Do not the Netherlands and Switzerland have a more stringent test than common law jurisdictions?
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The Court of Appeal addressed those common law customary rights, not treaty rights.
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The common law, like the civil law, is therefore broadly compatible with contemporary science.
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The presumption of innocence - widely overused as a rhetorical lifeline for the arrantly guilty - is indeed deeply rooted in Anglo-American common law.
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Of course, they were arguing for a common law privacy right assertable against both the government and private parties, not constitutionalizing privacy rights.
The Volokh Conspiracy » Hate Crimes Laws, Anti-Gay Views, and Public Accountants:
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Common Law was unwritten and represented the custom of the people.
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Is, therefore, this aspect of the common law to be constitutionalised beyond the reach of Parliament to alter in any respect?
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This is because decisions that concern matters of policy are not subject to a common law duty of care.
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This rule has always been statutory and does not arise from either common law or equity.
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Common law doesn't oblige landowners to fence off their land.
Times, Sunday Times
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Canadian libel law is based on English common law.
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The tradition based approach results in what, in my view, amounts to a significant change to the conceptual basis for the common law's recognition and protection of native title as a jural right akin to a property right or interest.
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In the 14th century the chancellor entered the legal system when he began to hear appeals from subjects unable to obtain justice from the common law courts.
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In this sense, the king may repeal parliament, common law, and liberties at will.
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Antidiscrimination laws are in derogation of common law notions of freedom, and that is why many conservatives opposed them when they were first proposed, arguing that they gave minorities special rights.
Balkinization
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She did have a common law right to be supported and provided with a home, but this was a personal right enforceable against her husband only.
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At common law, the father of a legitimate child was seen as having a prior and stronger claim to possession of the child than the mother in disputes concerning the custody of the child.
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I keep my right to sue out my habeas corpus at common law,if you still want to search my bag.
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Common law provides a way for property rights to evolve from the bottom up.
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My own belief is that, in the present context, the common law is not antipathetic to concurrent liability, and that there is no sound basis for a rule which automatically restricts the claimant to either a tortious or a contractual remedy.
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The difference in the instant case is that it is left to the common law to provide the answer, no statutory framework is present to assist.
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Quebec's case law differs from the rest of Canada in that it follows a civil rather than a common law system.
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His underlying common law cause of action arose on the date of his injury in December 1996.
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Maitland's The Forms of Action at Common Law (1909) is the classic treatise on trespass quare clausum fregit, trespass vi et armis, trespass on the case, and all those other terms that used to convince many first-year law students to buy copies of Black's Law Dictionary that they never used again.
Language and Simplification in Law
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That question has not been determined by any ultimate appellate court in any common law country.
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The principal contracts known to the common law and suable in the
The Common Law
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Chancellor Kent, in his 'Commentaries,' says: 'The legal effects of marriage are generally deducible from the principle of the common law, by which the husband and wife are regarded as one person, and her legal existence and authority lost or suspended during the continuance of the matrimonial union.'
Eighty Years and More: Reminiscences 1815-1897
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In international criminal proceedings neither the common law system nor the civil law model has been upheld.
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Fortescue next explains that a bastard cannot inherit because, under Common law, a bastard child has no father and is nameless.
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Equity awarded simple interest at a time when courts of law had no right under common law or statute to award any interest.
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The common law was a little bit boring but the criminal law was fantastic, the professor told a few criminal cases and spoke about arbitraments.
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The common law and the prerogative law does not tend to like absolutes.
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Both Maori and British common law require continuous occupation and control for common law ownership.
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Currently, conspiracy to defraud is a common law offence that requires that two or more individuals conspire to commit a fraud against another.
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For most people the term ‘common law’ summons up quaint images of wigged British judges and piles of dusty law books.
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It is not suggested in the present case that there was any liability for failure to exercise this power, either under the statute or at common law.
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The point is that when we codify the common law we seek to bring consistency.
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He added “nor shall any fact triable by jury, according to the course of common law, be otherwise re-examinable than may consist with the principles of common law.”
Ratification
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The code is the common law of Islam, known as Nizam, and there is an appeal to the High
The Catholic Encyclopedia, Volume 1: Aachen-Assize
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any derogation of the common law is to be strictly construed
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Judging is different from lawyering, but common law judges are not trained separately from lawyers; they are barristers one day and judges the next.
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Then again, my civil pro professor spent a month on the common law causes of action, and I doubt I could explain trover at this point.
The Volokh Conspiracy » Should We Teach Law Students the Rule Against Perpetuities?
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However, it is likely that victims will continue to use the common law to seek compensation for stress-related injuries.
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As a common law offence, the punishment can carry anything up to a life sentence.
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The foundations of the present administrative law jurisdiction of common law courts is found in this process.
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The tradition of unanimous juries dates back to 14th century English common law and became the American standard during the colonial period.
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The judicial system resembles that of other common law jurisdictions.
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For Davies the English common law, the customary, collective reason of the English people, was the agent of both Anglicization and civilization.
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Common law restitution claims were far from straightforward.
Times, Sunday Times
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As stated, the common law and equity each developed the duty of care, but they did so independently of each other.
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The defendant raised threshold defences contending no common law remedy or 1998 Act remedies were available.
Times, Sunday Times
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A necessary consequence of this is that, where they are in conflict, statute law prevails over the common law.
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I didn't think that adultery was considered a crime, not by common law.
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Usually, the defendant has to be served within the jurisdiction; that is the common law rule.
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But when a duty of this kind is imposed for the benefit of particular persons, there arises at common law a correlative right in those persons who may be injured by its contravention.
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Common law lawyers tend to talk about things assuming everyone knows what they mean.
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Those principles seem to me to accord entirely with the approach of the common law set out above.
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Civil contempt at common law consists largely in disobeying a judgment or a court order.
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The very rationale of the exclusion at common law of a confession by a third party is the risk of fabrication.
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If I had to choose between (a) being ruled by a King who I could sue in common law court and whose powers were limited and dependent upon securing basic rights of the people, and (b) being ruled by a perfectly democratic body that had unrestricted and undelegated authority, I would choose the King.
Balkinization
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They were no more willing than their English counterparts to go without a law of minors and lunatics and trusts and uses, discovery procedures and juryless trials, or doctrines that moderated the common law.
Law and Politics in Newcastle's New York
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We should place more reliance on our ancient but still wise common law.
Times, Sunday Times
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It is inconsistent with our jurisprudence, it is inconsistent with that of other common law countries.
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in common law any degree of contributory negligence would bar the plaintiff from collecting damages
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In theory at least, this brought the entire body of the common law, and an unascertained number of statutes of Parliament, into force in the forests of Michigan.
A History of American Law
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The common law rules of natural justice or procedural fairness are two-fold.
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From common law libel to public obscenity to nude dancing to burning the flag, the Supreme Court has extended legal protection under the aegis of the First Amendment's clause protecting the freedom of speech.
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So that there is the use of language by the Parliament which engages concepts with which the common law is familiar.
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Nay, there is a signal of our enemies 'destruction visible, and that a very great one also; and this is not a natural one, nor derived from the hand of foreigners neither, but it is this, that they have barbarously murdered our ambassadors, contrary to the common law of mankind; and they have destroyed so many, as if they esteemed them sacrifices for God, in relation to this war.
Speech by Herod the Great to the Jews
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This principle has not only stood the test of time and the development of the common law; it has been "constitutionalized" by our Charter of Rights, which in section 11 guarantees the right in criminal cases to be "tried within a reasonable time.
Jack's Newswatch
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In English Common Law, ownership of land is still vested only in the Crown.
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There are no common law rights entrenched here.
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Rather they seek a ruling on a pure point of law in the field of customary international law which is itself part of English common law.
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NEWMYER: Well, a writ of mandamus is an ancient sort of common law, what we call a prerogative writ.
John Marshall and the Heroic Age of the Supreme Court
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First, there are the common law remedies, which may be enforced by civil proceedings in a county court.
Times, Sunday Times
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Its author (possibly Nassau Senior or Southey himself) purports to trace the history of injunctions back to the 18th century, when the Court of Chancery took over issues of literary propriety from the common law courts.
A Brief Publication History of _Wat Tyler_
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In English law such corporation are formed either by charter, statute or registration under the Companies Acts; there is also the common law concept of the Corporation Sole.
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The common law tradition posed fewer difficulties for the Crown as long as its vocabulary was informed by ideas of feudal tenure rather than proprietary ownership.
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At the time of the calls, the accused was on a common law peace bond and was to have no contact with the complainant.
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Contract law has its sources in both common law and statute.
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This is a common law claim for damages which is subject to a defence of mitigation.
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That section provides both for jurisdiction and for a federal cause of action arising by recognition of certain international common law torts.
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Sait 1938: vi argued that “the great monuments of human activity—such as the state itself or the common law—have taken shape like the coral islands, planlessly, by a series of minor adjustments that result from the more or less mechanical reaction of man to his environment.”
Rediscovering Institutions
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The Common Law is hostile to comprehensive institution of negotiorum gestio,[Sentencedict] but it had changed its standpoint to some extent through law of restitution(unjustified enrichment) and law of torts.
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Historically, both these forms of estoppel are common law developments.
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We say we are able to bring this case both at common law and at equity.
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Your Honours, at common law there is absolute privilege for what is said in court by an advocate.
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The rules of common law and equity are both, in essence, systems of private law.
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The fact of the matter is that in Britain and in Ireland, our legal systems are based on a common law system, while in many continental countries it is based on a civil legal system.
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Where they got the law from, and how they did it, is the whole story of the emergence of substantive common law.
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most states have replaced the common law definition of rape with statutes defining sexual assault
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First, it is clear that there is no merger of the first and second leases at common law.
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As noted above, at common law the trespasser received the least protection of any entrant on the occupier's premises.
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Pursuant to English common law, the King had flexible powers to pardon offenses either before or after indictment, conviction or sentencing.
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In the modernization period of China' laws, the statute law and the common law coexisted, and made joint efforts to stabilize and regulate the social order.
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So there has never been, in the common law, an absolutist, legal concept of human mastery over land, no notion of dominium or ownership.
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Well if you were vindicating your right of exclusive possession of the premises, you are in a very familiar common law area.
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The effect of this is that the occupier's liability is governed by the common law, which provides that he will be liable for negligent misfeasance but not for nonfeasance.
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common law originated in the unwritten laws of England and was later applied in the United States
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Many other acts by the plaintiffs are also prohibited, whether by statute, common law or equity, or under the Treaty.
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They were all there was; outside the writs, there was no common law, no way to state a case or get before a judge.
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Canadian libel law is based on English common law.
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Maybe for a scintilla of time that is correct, but there is no reason to suppose in theory that the common law did not impose itself immediately in place of the system of enforcement which was theretofore available.
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The rights and duties involved in a tort case arise from either statute or common law.
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It was pointed out that all other common law jurisdictions hear such cases in jury courts.
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The common law remedy sought by the petitioner is not excluded by the Family Law Act.
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Nevertheless, the contract in the problem is probably valid and binding at common law.
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The inclusion of amalgamation in an assignment would constitute a further restriction on the tenants' common law right to assign without consent.
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Yet often what trial courts apply is common law - law that was made by other judges.
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The common law and jury system became the heart of British justice.
Times, Sunday Times
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Because the common law has failed to protect the rights of Aboriginals the bill of rights for Australia should be promoted.
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If you take it on the scale of the common law, or of national law -- you may oppose damages to debts -- retain the debts, to retribute and compensate for the injuries they have done you.
Sketches of the Life and Character of Patrick Henry
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Civil contempt at common law consists largely in disobeying a judgment or a court order.
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In Ohio a guarantor is a surety and has the statutory and common law rights and obligations discussed above under Accommodation Party.
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Even if copyright expires, the court ruled, common law can be applied to assert the rights of the original owner.
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In 1995, the government established a legal system based on English common law and customary law.
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These cases are the equitable counterpart of common law cases where the principle of res ipsa loquitur is invoked.
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The colonies absorbed and put into legislative form the common law test of obscenity under which material having a tendency to deprave and corrupt was suppressed.
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The 1911 Copyright Act served to consolidate existing common law and legislation and brought within the copyright fold the right to perform a creative work.
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Judges and prosecutors hate this process, since it takes a lot of power away from them, but it has a reason and a purpose in the history of British common law, two notable examples being the notorious Zenger case in the UK and the failure of prosecutions in both fugitive slave cases and prohibition cases.
Coyote Blog » Blog Archive » A Flip for Every Citizen
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That is why I referred to barratry and the old common law rules about maintenance and champerty.
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At common law the tenant at sufferance was in a very precarious position, because the landlord was able to recover possession of the premises, even by force.
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It's crazy to argue that we're ever going to get significant legal change from common law courts.
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At common law the circumstance that a defendant is contractually indemnified by a third party against a particular legal liability can have no relevance whatever to the measure of that liability..
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A Common Law right was practically, though not theoretically, nullified by the existence of a countervailing equitable right.
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The coif was a covering for the head, made of white lawn or silk, and common law judges wore it as a sign that they were members of the learned brotherhood of sergeants.
A Book About Lawyers
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No one would suggest that a court making orders of that sort should not comply with the common law rules of natural justice.
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This section abrogates the common law principle, historically enshrined in the Judges' Rules, that only a defendant's voluntary statements can be relied on in a criminal trial.
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Before the mid-eighteenth century, courts were prepared to void a statute if it was deemed to clash with common law.
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Common law works by precedent; where there is no specific precedent, it works by analogy.
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And the old English common law treated the servant as a member of the family and that's why the master could administer corporal punishment for example.
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In order to exercise the now exceptional common law power of arrest, certain conditions must be met in relation to the person who is to be arrested and his conduct.
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As a result the common law courts still remain more distant from the merits than the administrative law courts of continental jurisdictions.
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For the United Kingdom Criminal exceptions to the hearsay rule, this article is to carry out assessment in two parts, the common law and statute law of the exception.
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It is an established rule in English-based common law countries that statutes will not be interpreted as abrogating fundamental rights and freedoms unless clearly stated.
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From the seventeenth century onwards the customs of merchants and many of the rules of the law merchant were incorporated into the common law.
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The common law is practical; it is developed from the customs of the people, and I doubt if it can survive if it gets away from the customs of the people.
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We see no necessity for a defendant who is bailed to be expressly warned that, if he absconds, he may be tried in his absence, for that has been the English common law for over a century.
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The effect of this is that the occupier's liability is governed by the common law, which provides that he will be liable for negligent misfeasance but not for nonfeasance.
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Even if it is a US bank which is ordered by a US subpoena, other common law courts have applied traditional conflict-of-laws analysis.
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This is a topic on which the law has never been the same in the common law jurisdictions.
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Constitution prevails over statutes, and statutes prevail over common law principles established in court decisions.
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Accordingly, it is not within the competence of the Rules Committee, to abrogate the common law.
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At common law the agent recipient is regarded as a mere conduit for the money, which is treated as paid to the principal, not to the agent.
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Similarly, we would say, a common law lease grants a right of exclusive possession because that is what a common law lease does.
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The chapters of collegiate churches, by common law, have the right of electing or presenting candidates for the dignities and canonries of their chapter.
The Catholic Encyclopedia, Volume 4: Clandestinity-Diocesan Chancery
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BURGLARY (_burgi latrocinium_; in ancient English law, _hamesucken_ [1]), at common law, the offence of breaking and entering the dwelling-house of another with intent to commit a felony.
Encyclopaedia Britannica, 11th Edition, Volume 4, Part 4 "Bulgaria" to "Calgary"
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In this case, as in English common law, silence equals consent.
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To a degree this extension of powers was nominal rather than real, for much was a rationalization and codification of hitherto haphazard statute and common law, or a legitimation of what was already police practice.
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Their later emergence is profoundly related to the notion of change in a common law tradition.
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First, there are the common law remedies, which may be enforced by civil proceedings in a county court.
Times, Sunday Times
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The Civil Law system and the Common Law system have made different provision about the corporate charter invalidity system which we can learn.
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Their first ground of challenge is that the regime is unlawful both because it infringes a fundamental common law right of access to the courts and because it is contrary to Section 32 of the 1988 Act.
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Hence it is necessary to judge of such matters according to higher principles than the common laws, according to which _synesis_ judges: and corresponding to such higher principles it is necessary to have a higher virtue of judgment, which is called _gnome, _ and which denotes a certain discrimination in judgment.
Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province
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The case of Ariza v. Canada (2007) denied entry to Canada to a Muslim who might have claimed to have a wife in the Philippines and a common law cohabitant wife in Canada concurrently.
Law is Cool Podcast: Polygamy and the Law : Law is Cool
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The common law rules have now been overlaid by statute.
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Note: In the old common law champerty and maintenance were prohibited.
Judge H. Lee Sarokin: What Do Dog-Fights and Gloria Allred Have In Common?
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At common law teachers are in loco parentis and may administer corporal punishment in respect of the conduct of the child at, or on its way to or from school.
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Pick a few leaves from the common lawn weed plantain, wash them, mash them, and apply as a poultice to the affected skin.
