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Common-law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Case Of First Impression
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisd ...
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Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictio ...
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Statute Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law ...
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Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the c ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principl ...
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Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conqueror. William's claim to the English throne derived from his familial relationship with the childless Anglo-Saxon king Edward the Confessor, who may have encouraged William's hopes for the throne. Edward died in January 1066 and was succeeded by his brother-in-law Harold Godwinson. The Norwegian king Harald Hardrada invaded northern England in September 1066 and was victorious at the Battle of Fulford on 20 September, but Godwinson's army defeated and killed Hardrada at the Battle of Stamford Bridge on 25 September. Three days later on 28 September, William's invasion force of thousands of men and hundreds of ships landed at Pevensey in Sussex in southern England. Harold marched south to oppose him, leaving a significant portion o ...
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Law Of Malta
The law of Malta incorporates continental law, common law and local traditions, such as Code de Rohan. A municipal code was enacted in 1784 and replaced in 1813. Maltese law has evolved over the centuries and reflected the rule of the context of the time. At present Malta has a mixed-system codification, influenced by Roman law, French law- Napoleonic Code, British law- Common Law, European Union law, international law, and customary law established through local customs Constitution The constitution of 1964 replaced that of 1961. Legislation The legislature is the Parliament of Malta. Legislation includes codes and Acts of Parliament. Legislation once included the bando and prammatica (or pragmatic). Cases and reports Collections of law reports include: *Repertorio de Decisioni. This volume of reports covers the period from 1713 to 1838.Maxwell. A Complete List of British & Colonial Law Reports and Legal Periodicals. Sweet & Maxwell. London. Carswell Company. Toronto. ...
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CL Israel
CL or cl may refer to: Arts and entertainment * CL (rapper) or Lee Chae-rin (born 1991), singer and rapper, former leader of the K-pop girl group 2NE1 * Creative Loafing, a newspaper publisher Brands and enterprises * Colgate-Palmolive's NYSE stock symbol * Companhia das Lezírias, an agribusiness company in Portugal Computing and technology * , the command-line C/C++ compiler for Microsoft Visual C++ * .cl, Internet country code top-level domain for Chile * CL register, the low byte of an X86 16-bit CX register * CAS latency, a measure used in computer memory * Common Lisp, a programming language * Common Logic, a framework for a family of logic languages * Control Language, a scripting language for the IBM AS/400 midrange platform Industry and technology * CL, the prefix for Canadair manufactured aircraft model numbers * Caseless ammunition Organizations * Catholic League (U.S.), also known as The Catholic League for Religious and Civil Rights * Communion and Lib ...
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CL Pakistan
CL or cl may refer to: Arts and entertainment * CL (rapper) or Lee Chae-rin (born 1991), singer and rapper, former leader of the K-pop girl group 2NE1 * Creative Loafing, a newspaper publisher Brands and enterprises * Colgate-Palmolive's NYSE stock symbol * Companhia das Lezírias, an agribusiness company in Portugal Computing and technology * , the command-line C/C++ compiler for Microsoft Visual C++ * .cl, Internet country code top-level domain for Chile * CL register, the low byte of an X86 16-bit CX register * CAS latency, a measure used in computer memory * Common Lisp, a programming language * Common Logic, a framework for a family of logic languages * Control Language, a scripting language for the IBM AS/400 midrange platform Industry and technology * CL, the prefix for Canadair manufactured aircraft model numbers * Caseless ammunition Organizations * Catholic League (U.S.), also known as The Catholic League for Religious and Civil Rights * Communion and Liber ...
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CL India
CL or cl may refer to: Arts and entertainment * CL (rapper) or Lee Chae-rin (born 1991), singer and rapper, former leader of the K-pop girl group 2NE1 * Creative Loafing, a newspaper publisher Brands and enterprises * Colgate-Palmolive's NYSE stock symbol * Companhia das Lezírias, an agribusiness company in Portugal Computing and technology * , the command-line C/C++ compiler for Microsoft Visual C++ * .cl, Internet country code top-level domain for Chile * CL register, the low byte of an X86 16-bit CX register * CAS latency, a measure used in computer memory * Common Lisp, a programming language * Common Logic, a framework for a family of logic languages * Control Language, a scripting language for the IBM AS/400 midrange platform Industry and technology * CL, the prefix for Canadair manufactured aircraft model numbers * Caseless ammunition Organizations * Catholic League (U.S.), also known as The Catholic League for Religious and Civil Rights * Communion and Lib ...
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Law Of Cyprus
The law of Cyprus ( gr, Κυπριακό Δίκαιο) is a legal system which applies within the Republic of Cyprus. Although Cypriot law is extensively codified, it is still heavily based on English common law in the sense that the fundamental principle of precedent applies. History The majority of contemporary legal instruments and principles date back to the colonial legislation enacted by the British in the period between 1878 and 1960. Unlike in the United Kingdom the British Government of Cyprus enacted numerous codifications of the common law principles, known as Chapters. These Chapters are still in force today. For example, while in the United Kingdom the rules on civil liability are purely based on case law and the principle of negligence as expressed in ''Donoghue v Stephenson'', Cyprus has Chapter 148 which governs the vast majority of civil liability claims. Despite the extensive codifications the fundamental doctrine of precedent found in common law still appli ...
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