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Questions tagged [common-law]

For questions regarding English common law, or legal systems based on judge-made law descended from it.

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Is it legal for india to ban major platforms and websites under Geospatial Information Regulation Bill 2016

“No person shall depict, disseminate, publish or distribute any wrong or false topographic information of India including international boundaries through internet platforms or online services or in ...
user avatar
1 vote
1 answer
191 views

Why was dueling legal?

Dueling has, historically, been legal in many places. In common-law jurisdictions, why was it not considered murder if someone dies and attempted murder or assault if not? Did the common-law or ...
Someone's user avatar
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Is there a list of doctrines and rationale in American common law that isn't based on codified laws and constitutional rules?

It would also be interesting if there were lists of this nature at the state level too.
R-Obsessive's user avatar
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3 votes
1 answer
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Discount code as a contract breach remedy?

Bob is a customer of Acme ltd., an online service provider (e.g. domain names, hosting etc.). It's time for Bob to renew some of Acme's services he is using, so he logs in to his account and sees this ...
Greendrake's user avatar
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1 vote
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In Armoury v Delamirie, how did the claimant prove that he had visited the jeweller’s shop with a gem in the piece?

The case was before most traveled about with cameras in their pockets, and yet it seemed to turn on the noted questions of law rather than the obvious question of fact that may arise where the ...
TylerDurden's user avatar
-1 votes
4 answers
194 views

Why is it not unjust enrichment to mistakenly fail to cancel a recurrent subscription charge?

Alice accidentally transfers money to Charlotte but had intended to transfer it to herself and has a cause for unjust enrichment against Charlotte because she hadn’t intended to transfer it to her. ...
TylerDurden's user avatar
0 votes
2 answers
73 views

How are intangible losses assessed for damages?

Bob has an issue with his phone provider, resulting in the permanent and irreversible loss of his long time phone number which he has maintained for many years. He is greatly troubled and ...
TylerDurden's user avatar
1 vote
2 answers
167 views

Is there an overlap between breach of contract and negligence?

It seems that negligence requires among other elements the presence of a duty of care, while breach of contract is a different type/cause of action, and yet it would also seem by common sense to ...
TylerDurden's user avatar
-3 votes
1 answer
153 views

Can damages be claimed for the value of items already recovered by other means?

Alicia stole Bob’s £2000 Segway and puts it up on eBay. Alice sees it on eBay for quite cheap (let’s say £150) and decides to buy it on a whim, which she does. She suddenly then finds that she must ...
TylerDurden's user avatar
-3 votes
1 answer
132 views

Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Alicia and Bob live together as a happy couple, until one night they break up and Alice throws all of Bob’s stuff onto the curb while he is still out. He comes back to find it all there, but she didn’...
TylerDurden's user avatar
0 votes
1 answer
108 views

Does the protection of Legal Privilege apply to encrypted documents?

My understanding, based upon Common Law in England & Wales, is once something is sent to a solicitor, it is subject to Legal Privilege. If the solicitor is unable to open an emailed document, say ...
user5623335's user avatar
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20 votes
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What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Abdul’s news and wine gets a delivery of the next day’s papers overnight and he then puts the stack of unsold papers out on the pavement before closing for the publisher to collect and then destroy. ...
TylerDurden's user avatar
8 votes
2 answers
4k views

Is a mistakenly sent bank transfer a cause for unjust enrichment?

Bob meant to send a bank transfer to to his friend Boris Johnson, but instead sent it to Doris Johnson. Does he have a cause of unjust enrolment against the latter?
TylerDurden's user avatar
0 votes
1 answer
135 views

Is Shopkeepers privilege a distinct thing in the UK?

There is s3 (criminal law act) reasonable source assistance and s24A (police and criminal evidence act) citizens arrest which seem to cover the same grounds but do shopkeepers have any distinct ...
TylerDurden's user avatar
6 votes
1 answer
201 views

What are the most prominent differences among the common law systems of the different states in the U.S.A.?

I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states. ...
Michael Hardy's user avatar
2 votes
1 answer
125 views

Is a parliamentary act fundamentally a codification of principles which have been arrived at by the judicial evolution of the common law?

A recent answer states: What common law jurisdictions do is codify the common law on a given topic. That is, they write a big Bill that collects all of the disparate statutes and case law together ...
TylerDurden's user avatar
6 votes
1 answer
698 views

What is a “legal code,” and is the British statute book one?

A recent answer laments the ostensible apparent lack of a “legal code.” But just what is a legal “code,” such as presumably the “U.S. CODE,” our various other countries’ so called “civil codes,” and ...
TylerDurden's user avatar
-1 votes
1 answer
132 views

Why - and when - are some torts actionable per se (vs needing to demonstrate actual damages)? [duplicate]

According to this article: Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects. This tort is actionable per ...
TylerDurden's user avatar
2 votes
2 answers
172 views

Is reasonable doubt that of >=9.1% probability? [duplicate]

The criminal burden of proof (ie beyondA reasonable doubt) is famously attributed to “Blackstone’s Ratio”: It is better that ten guilty persons escape than that one innocent suffer. I’m not sure if ...
TylerDurden's user avatar
-1 votes
1 answer
129 views

Is drunk driving a malum prohibitum or malum in se?

In common-law jurisdictions where driving a motor vehicle under the influence of alcohol is illegal (presumably all of them?), is drunk driving considered malum prohibitum or malum in se? I am aware ...
Someone's user avatar
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8 votes
2 answers
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What is the principle of “finders keepers until the owner claims” called?

Another answer states that: The common law position is that the finder of a chattel acquires a title that is good against the entire world except for the true owner. Is there a term for this ...
TylerDurden's user avatar
3 votes
1 answer
1k views

Does the English or the American rule prevail in Canada?

In English rule jurisdictions, the general principle is that loser of a case pays the costs on an indemnity basis. In American rule ones, the norm is that each side bears their own costs. Which ...
TylerDurden's user avatar
-2 votes
1 answer
124 views

How did international/colonial jurisdictions deal with the combination of law and equity?

It seems to me based on preliminary consideration that as the majority of the British empire gained independence from colonial rule after WWII, the U.S. is perhaps at least somewhat unique in gaining ...
TylerDurden's user avatar
2 votes
1 answer
72 views

What were practitioners of/at (?) Equity called when the courts were separate?

Back when Equity was separate from Law, were practitioners of Equity qualified to address the courts of chancery called “lawyers”? Or were they called “equiters” or some other different term? Given ...
TylerDurden's user avatar
-1 votes
2 answers
86 views

Are writs rooted in equity?

Another answer I came across recently mentioned that orders for specific performance ie mandatory injunctions formerly called mandamus were writs. Conversely so were other writs such as certiorari. ...
TylerDurden's user avatar
0 votes
2 answers
98 views

Why is the crown referenced differently between first instance and appellate hearings?

According to a recent answer, “R” is only used in first instance trials, “the King” or “the Queen” are used in appeals and those are pronounced as you’d expect. Why is this?
TylerDurden's user avatar
7 votes
3 answers
3k views

How is “R v. Smith” pronounced?

Is it “Are and smith”? “Rex/Regina and smith”? “The king/queen and smith”? What is the typical convention?
TylerDurden's user avatar
0 votes
1 answer
284 views

What was "carnal knowledge against the order of nature"?

S152(2), Palestine Penal Code of 1936, makes reference to carnal knowledge against the order of nature: 152(2) Any person who:— (a) has carnal knowledge of any person against the order of nature; or (...
TylerDurden's user avatar
0 votes
1 answer
160 views

What is the origin of the notion of the King’s “peace”?

There are magistrates (or justices) of the peace, which evokes memory of the justices of the peace act 1285, a statute. Then there is a breach of the peace and the various police powers and ...
TylerDurden's user avatar
1 vote
1 answer
134 views

Is there a requirement for US laws to follow common law?

This is a plain question. Is there any requirement for US laws to align with common law? Common Law doctrine in the US courts seems to be a fallback if no existing laws / cases cover an area of ...
tuskiomi's user avatar
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2 answers
333 views

Why are contracts void at common law if they are “contrary to public policy”?

What does it mean for a contract or contractual term to be “contrary to public policy”? By what principle are such contracts void at common law?
TylerDurden's user avatar
21 votes
7 answers
5k views

Why are jurors still asked to apply the law if their primary role is to find facts?

Why do juries get asked whether the defendant is guilty or not instead of simply whether certain alleged facts took place? Say Rob is being tried for the murder of Bob, but there's also a possibility ...
Greendrake's user avatar
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0 votes
1 answer
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Why isn’t the county court binding upon itself?

Numerous sources state that the starting point for all common law systems is the cornerstone principle of stare decisis, ie that courts are in similar fact patterns bound to follow previous decisions ...
TylerDurden's user avatar
2 votes
1 answer
84 views

Are non-recorded court decisions still binding?

It seems that back in the day one relied on law reporters’ reports to be able to study and cite precedential decisions in future cases. A decision being featured in an edition of a law report enables ...
TylerDurden's user avatar
0 votes
0 answers
57 views

Would using a parasite be Assault with a Deadly Weapon?

What crime would be committed if an Offender inserted a parasite into a victim's ear? This would be involuntary and for malicious purposes. The outcome could range from short-term discomfort to severe ...
user5623335's user avatar
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4 votes
4 answers
264 views

Can courts be expected to proactively research and have regard to relevant case precedents?

It seems that often statutes are binding on courts even if neither party is aware of our calls the court’s attention to them. They will proactively introduce the relevant provisions into the equation ...
TylerDurden's user avatar
2 votes
2 answers
569 views

Does the doctrine of timely retraction extend to non immigration false claims to citizenship?

There are statutes in the Immigration Nationality Act that punish willful material misrepresentations/fraud and false claims to citizenship in connection with any benefit under the law (See https://...
jfrw's user avatar
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0 votes
2 answers
360 views

Has there ever been a common-law-only jurisdiction?

Is there, or has there ever been, any jurisdiction governed only under common law, with no statutory law?
Someone's user avatar
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7 votes
5 answers
4k views

Is it true that common law courts will not resolve a question without a controversy?

Is it true that common law courts will not resolve a question without a controversy and will not give governments pre-emptive advice on the legality of laws or regulations?
Jen's user avatar
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-1 votes
2 answers
86 views

Can precedents established in Native American law be used as a foundation in US law precedent?

As I understand it, interpretation of laws in the US is largely based on precedents established not only in US law but also going back to cases in England prior to US independence. This is because the ...
Rozgonyi's user avatar
  • 111
0 votes
3 answers
78 views

property damage - redress/ options to victims - specifically commercial victims

one thing I've sometimes heard (especially related to items on show in shops is "you break it, you buy it" with the idea being that if someone were to accidentally damage an item intended ...
Matt Bartlett's user avatar
1 vote
1 answer
77 views

Which legal system has more specific and generic laws? [closed]

With respect to the Common Law System and the Civil Legal System, which of these have more specific laws and which are more generic? This question could also cover any other law systems in regards to ...
user5623335's user avatar
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7 votes
5 answers
2k views

Is common law required in the federal system in the US?

The US constitution doesn't prescribe that any state use common law. Louisianan law is based on the Napoleonic laws. But is the federal government supposed to use it? Imagine that for some reason, ...
R-Obsessive's user avatar
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2 votes
3 answers
346 views

Which law rules polygraphs inadmissible in UK?

Where does it say that polygraph tests (lie detector tests) are inadmissible under law in England and Wales? I am mostly interested in their usage being disallowed for criminal (both Magistrates' ...
user5623335's user avatar
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3 votes
2 answers
195 views

If for some reason the Canadian Parliament had the idea to impeach and convict someone, what would be the legal implications of that?

I am 100% aware of what a no confidence motion is. This is emphatically not what I am referring to. Impeachment is an unambiguous right of the Parliament of the United Kingdom to have, having been ...
R-Obsessive's user avatar
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0 votes
1 answer
228 views

Is this is an appropriate way of distinguishing cases?

I was researching how lawyers, courts distinguish cases and I came across this article: https://plato.stanford.edu/entries/legal-reas-prec/index.html#PreLayDowRul. It says that cases can be ...
physio's user avatar
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-1 votes
1 answer
79 views

What is an “estate,” as in a “housing estate” or “council estate”? [closed]

Also, how does this sense of the word differ from those used in other jurisdictions, and how are any of the senses of the term derived from one another if at all?
TylerDurden's user avatar
0 votes
2 answers
152 views

Why are formal accusations of crimes called “charges”?

How and when did it come to be called this? What are the origins of the term “criminal charges”?
TylerDurden's user avatar
14 votes
3 answers
3k views

Can a previously binding precedent be overturned based on its rationale being outdated?

Al loses a case at first instance and appeals to some very high court if not all the way to last resort. The ultimate decision is made based on some rationale that appeals to common sense or general ...
TylerDurden's user avatar
1 vote
1 answer
36 views

Is there a term for set/prescribed measures of damages?

A recent answer answers the question with another question, that of what damage the plaintiff has actually suffered. Yet certain statutory/case regimes have guidelines for compensation that are blind ...
TylerDurden's user avatar

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