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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Map Of The Legal Systems Of The World (en)
A map is a symbolic depiction of interrelationships, commonly spatial, between things within a space. A map may be annotated with text and graphics. Like any graphic, a map may be fixed to paper or other durable media, or may be displayed on a transitory medium such as a computer screen. Some maps change interactively. Although maps are commonly used to depict geography, geographic elements, they may represent any space, real or fictional. The subject being mapped may be two-dimensional such as Earth's surface, three-dimensional such as Earth's interior, or from an abstract space of any dimension. Maps of geographic territory have a very long tradition and have existed from ancient times. The word "map" comes from the , wherein ''mappa'' meant 'napkin' or 'cloth' and ''mundi'' 'of the world'. Thus, "map" became a shortened term referring to a flat representation of Earth's surface. History Maps have been one of the most important human inventions for millennia, allowin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bouvier's Law Dictionary
''Bouvier's Law Dictionary'' is a set consisting of two or three books with a long tradition in the United States legal community. The first edition was written by John Bouvier. John Bouvier (1787–1851) was born in Codognan, France, but came to the United States at an early age. He became a U.S. citizen in 1812, was admitted to the bar in 1818, and began practicing law in Philadelphia. During his years of practice and study, he noticed the lack of a solid American law dictionary. He decided to fill this need, and worked on a new law dictionary incessantly for 10 years. One of his main goals was to distinguish American law from its English antecedent. He finally presented it for publication in 1839. Like many of his generation, Bouvier used his preface to justify his work, stating the irrelevance of English legal dictionaries to the American legal system of the United States. He wanted to create a totally new law dictionary that would address the American legal system, so he de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation (law)
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as ' acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by the execut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Law
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international law. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Courts
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on wheth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
' (; Latin plural ') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike '' obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. The process of determining the ''ratio decidendi' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ezra Ripley Thayer
Ezra Ripley Thayer (February 21, 1866 – September 14, 1915) was an attorney, Dane Professor of Law, and the Dean of Harvard Law School from 1910 to 1915. Early life Ezra Ripley Thayer was born in Milton, Massachusetts on February 21, 1866 to Harvard Law School professor James Bradley Thayer, and Sophia Bradford (Ripley) Thayer. His oldest brother William Sydney Thayer became a professor of medicine. He attended public schools in Cambridge, Massachusetts, and studied abroad with a tutor for a year in Athens, Greece. Upon his return, he entered Harvard College with the class of 1888. After graduation, Thayer attended Harvard Law School, where he graduated with an LL.B. in 1891. He married Ethel Randolph Clark on June 23, 1898 and had three children: James Bradley Thayer (1899–1976), Eleanor Arnold Thayer (1902–1923), and Polly (1904–2006). Law career Thayer served as Secretary to Justice Horace Gray, U.S. Supreme Court in 1892. He practiced law in Boston with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roscoe Pound
Nathan Roscoe Pound (October 27, 1870 – June 28, 1964) was an American legal scholar and educator. He served as dean of the University of Nebraska College of Law from 1903 to 1911 and was dean of Harvard Law School from 1916 to 1936. He was a member of Northwestern University, the University of Chicago Law School and the faculty at UCLA School of Law in the school's early years, from 1949 to 1952. '' The Journal of Legal Studies'' has identified Pound as one of the most cited legal scholars of the 20th century. Early life and education Pound was born in Lincoln, Nebraska, to Stephen Bosworth Pound and Laura Pound. His sister was the noted linguist and folklorist, Louise Pound. Pound studied botany at the University of Nebraska in Lincoln, where he became a member of the Acacia fraternity. He received his bachelor's degree in 1888 and his master's degree in 1889. In 1889 he began the study of law; he spent one year at Harvard but never received a law degree. Following his ye ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Austin (legal Philosopher)
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality. Human legal systems, he claimed, can and should be studied in an empirical, value-free way. Life and work Austin was born on 3 March 1790 at Creeting St Mary in today's district of Mid Suffolk, as the eldest son of a well-to-do miller. After spending five years in the army during the Napoleonic Wars, Austin turned to law, and spent seven unhappy years practicing at the Chancery bar. In 1819, he married Sarah Taylor and became neighbours and close friends with Jeremy Bentham, James Mill, and John Stuart Mill. Mainly through Bentham's influence, Austin was appointed Professor of Jurisprudence at the newly-founded University College London in July 1827. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Wendell Holmes Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. Holmes is one of the most widely cited and influential Supreme Court justices in American history, noted for his long tenure on the Court and for his pithy opinionsparticularly those on civil liberties and American constitutional democracyand deference to the decisions of elected legislatures. Holmes retired from the Court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only eight months younger when he retired on April 12, 2010. He previously served the Union as a brevet colonel in the American Civil War (in which he was wounded three times), as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
