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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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11
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1answer
7k views
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Being a barrier to the right of another

I am in the North Western Province of Sri Lanka. It is a racially mixed country that the people of the world know. Here I run a business in a small town. Someone runs a small restaurant next to my ...
3
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1answer
88 views

Was new law created when the UK Supreme Court ruled against the prorogation?

The Supreme Court ruled yesterday that: a ruling on a prorogation was justiciable and that the duration of the prorogation Boris Johnson advised the Queen to enact, was unlawful Does this mean new ...
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2answers
57 views

What is the correct way of discharging contract when parties can't agree on shipping?

When selling stuff on TradeMe, one way of specifying shipping options is "To be arranged". That is, seller can skip researching shipping options/costs and only worry about it once the item is ...
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3answers
69 views

What is the equivalent for “Consideration” (English common law) in Spanish speaking countries?

Consideration is a concept of English common law and is a necessity for simple contracts. Consideration may be thought of as the concept of value offered and accepted by people or organisations ...
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3answers
651 views

What's the difference between “a question of fact” and “a question of law”?

I'm trying to understand the difference between questions of fact and questions of law but it's difficult to find any good definitions of either, and it would be helpful to have some illustrative ...
3
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1answer
188 views

Can a real-life example be used to describe the difference between common and civil law?

I've done a lot of research into trying to understand the difference between the two systems, but their definitions are so verbose, and without examples it's more challenging. The only thing I was ...
-1
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2answers
162 views

In the U.S are judges, attorneys, physicians, teachers, professors, politicians, administrative officers liable for ordinary negligence? [closed]

E.g can a judge be tried for mistrial because of ordinary negligence? They are not employees or workers so that they could be reasonably absolved for ordinary negligence. We expect employees to be ...
0
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1answer
98 views

Example of wills being declared forged without the signature being forged?

Is there case law in common-law-based legal systems regarding claims that a will is forged - but without the signature being forged, and without the text being altered after the signature? For ...
4
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1answer
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How are the precepts of common law known? Is common law written?

The first paragraph of the Wikipedia article on common law: Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals that ...
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4answers
173 views

Is an illegal abortion a Malum in Se offense or a Malum Prohibitum offense?

Anglo-American Common Law generally divides criminal offenses into two categories. Malum in Se offenses are inherently wrong. This includes traditional offenses such as Murder, Robbery, and Assault. ...
4
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1answer
56 views

At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
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1answer
95 views

What's the difference between inquisitorial and adversarial systems?

This question was inspired by this answer while trying to learn the difference between common and civil law. Two questions: What's the difference between an inquisitorial system and an adversarial ...
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Advertising Brand-name Products

What are the legal issues regarding online retailing of a branded product that was purchased from a manufacturer. Can this be legally done? If there are any specifics that would allow or not allow ...
0
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1answer
66 views

What are the consequences of forging a will, in common law and in civil law?

In any legal system (in which individuals can transfer property ownership upon their death through wills), there are probably criteria for when a will is admissible (e.g. the deceased was cognitively ...
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1answer
33 views

Selling branded products

Legally speaking are individuals allowed to sell branded name products online, if not what are the consequences?
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1answer
62 views

How binding are NDA's? [closed]

I live in South Africa, I have some research work that holds very good financial potential. This research to be conducted will be done in a group headed by me, how can I protect my idea from being ...
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3answers
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How is the “permanent deprivation” element of theft proven in practice?

I never gave this much thought until I saw a prosecutor and then a judge dismiss charges of theft because it would be impossible to prove the accused intended to deprive the owner of the property ...
1
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1answer
63 views

Example of “fraus omnia corrumpit” in which a person loses rights they had before a fraudulent act?

I'm looking for a bit of case law - as an inspiration more than as valid precedent - for the following scenario: A person has some prospective rights w.r.t. some physical objects, or future rights w....
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0answers
25 views

Sulamerica three step approach

I am looking for cases where courts or tribunals have applied the three step approach (established in the Sulamerica case) to determine the law governing the arbitration agreement. I have found ...
1
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1answer
30 views

Are there non-marriage legal arraignments with similar protections in Montana?

My brother-in-law lives in Montana with his son and the sons mother. For personal reasons he doesn't want to get married, and in part that has to do with divorce. On the other hand, if something ...
3
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1answer
195 views

Are judges limited in their reasoning to arguments raised by the parties?

Bob files a civil lawsuit agaist Rob. For simplicity, let's assume they both represent themselves. At the hearing, Bob says: "Here is the evidence. Rob was wrong because of reason A, so he owes me ...
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2answers
91 views

Is a lie by ommission to make it seem like a legal offices services are required legal?

A friend was researching using a sperm donor she knows to do IVF. she got concerned when she read this website's legal 'advice' They basically say that unlike most states PA has no law that says a ...
2
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1answer
57 views

Rights and licensing of joint works in Canada

In researching copyright laws relating to works of joint authorship, I came across this McMillan article. While the situation is clearer in the US and UK, the article discusses how in Canada, absent ...
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1answer
98 views

Is there any constitutional precedent or laws against bills of “anti"-attainder?

In South Dakota an attorney for adults sexually abused as children by priests and nuns contended that the state legislature passed a statute of limitations (in approximately 2010) preventing lawsuits ...
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2answers
127 views

Can all members of a group be civilly liable when some are provably innocent?

Scenario: A crime involving property damage is committed. Suppose that it can be proven beyond reasonable doubt that of a group of 3 people, 2 of them were involved and one was not. However, there's ...
4
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1answer
165 views

Can a sitting president of the United States be indicted by one of the states?

Some lawyers say a sitting president cannot be indicted, other lawyers disagree. Apart from that, does what they are saying apply to both federal and state indictments? I mean could the president be ...
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1answer
157 views

Are damages in civil cases assessed by the judge or the jury?

In common law countries, criminal cases are usually tried by jury, but the judge is responsible for sentencing. Even in the United States, where there is a constitutional right to a criminal trial by ...
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2answers
111 views

What establishes the U.S. as a common law country?

Its well known that the U.S. is a common law country, but I'm not sure if that's codified anywhere (like the U.S. constitution) or if just happened organically because that's the way its always been. ...
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3answers
1k views

Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as ...
3
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2answers
511 views

Could the USA abandon common law?

I understand that the USA has a "common law" system and that ambiguous written legislation is turned into unambiguous law by courts, such as has happened in many famous Supreme Court rulings. My ...
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2answers
836 views

What protections does Common Law copyright give me?

What does Common Law copyright protection give me exactly? From my research, all I've found is that if I create a work, it is automatically protected by common law copyright, and that if I register ...
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3answers
104 views

What is the common law definition or key elements of “selling” something

Is there a common law definition of "sell" or some key elements? What is required for a transaction to constitute a "sale"? I have a situation where a license is required by statute to "sell" some ...
2
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2answers
113 views

Legal status of an ongoing situation pending an appeal

Apologies for the title. I could not think of a concise and accurate way to phrase it. I will phrase this question in terms of charitable trusts, but my question is really about the general principle....
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4answers
281 views

Is answering a question you are not sure about under oath perjury?

Suppose I struggle to see at night, but was witness to a crime that took place and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and ...
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3answers
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How can a court avoid creating precedent?

There are a number of ways in which a judge may avoid following precedent – overturning or distinguishing a previous ruling, for instance. However, is there any way for a court (particularly a ...
2
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1answer
173 views

Legal principles in refusing to pay advertised reward for return of lost item if it was returned without knowledge of the ad

Say person X lost his valuable item and advertised a reward for the return of it. Person Y, who knew X personally, found the item before reading the ad, and returned it to X, who just thanked Y for ...
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1answer
367 views

Was there a consideration in Merritt v Merritt case agreement?

The Merritt v Merritt case is often used in teaching Contract Law for demonstrating one of the six elements of contract — intention to create legal relations (the parties had been separated and the ...
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0answers
213 views

Is there legal recourse against revenge defecation?

TL;DR If someone were to maliciously defecate in their roommate's room, perhaps hiding it under their bed or in a drawer, what kind of legal action could their roommate take against them. Background ...
2
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1answer
157 views

Is there a defence of persecution by law?

Justice derives from just, what is right and fair. If you are guilty (as in, you've committed the offence not been judged) of an offence but your arrest/prosecution is unfair in its application can ...
1
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1answer
119 views

Grokking the difference between Civil Law and Common Law

My history teacher told us yesterday, the difference between Civil Law and Common Law, if specified in one sentence is: The Civil Law is to make and create laws, While the Common Law is to find and ...
12
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1answer
3k views

Is an implied physical threat via looming over someone legal?

Lets say that two individuals approach another person and start asking him questions or ask him to do something (for instance leave an area). They do not make any explicit verbal threats. However, ...
2
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1answer
205 views

Exclusive sport fishing easement/profit with no dominant land: nature, alienation, apportionement, term and jurisdiction specifics?

This question is about easements, profits-à-prendre and fundamentals of Property Law.1 I. Suppose you have a riparian land owner (A). By a deed of exchange, they trade to someone (B) an exclusive ...
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2answers
202 views

In English Law, official guidance can state “minor” matters exempt from a statutory requirement — but on what authority?

I just noticed an oddity in some legal guidance published by the UK Government. The Party Wall Act states that certain works are covered by its requirements, including the requirement to give notice. ...
4
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1answer
3k views

Can you take back a gift?

Suppose that I unconditionally and unambiguously give a person a thing such as a necklace with a moderate value (say $1000): I hand it to them and say "Here, you can have this, I don't need it anymore"...
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4answers
113 views

How would you know if the court should apply foreign or local law?

I have a question about laws in general. If someone were to get arrested in the United States for charges on misappropriation of trade secrets committed in Canada, would the court apply international (...
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1answer
91 views

Are the limitations on freedom of contract in common law countries unbreakable?

We normally have to adhere to regulations when: Buying labour (employment: minimum wage, parental leave etc.) Renting out property (tenancy: notice periods, property standards etc.) Selling goods (...
7
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2answers
292 views

Can a company handle paying taxes and other bureaucracy work for a freelancer

Pardon my terminology. I'm very much not a lawyer, but I used to watch Ally McBeal as a kid, so I think I got the hang of this. This is actually a subset of a vastly larger problem, so the ...
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0answers
56 views

What is the status of using mens rea as a defense in this manner in Canada or similar jurisdictions?

In Canadian man found not guilty of raping wife, the prosecution of a rapist in Ontario, Canada failed due to mens rea because it wasn't proved that the man knew his behaviour was illegal. Not because ...
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1answer
82 views

What can I do if someone does not pay as decided by court order?

Following a custody battle, a court ordered that 100% of the cost of higher education for the children would be paid by the father. He (the father) instead chose to cosign student loans which he has ...