Questions tagged [common-law]
For questions regarding English common law, or legal systems based on judge-made law descended from it.
25
questions with no upvoted or accepted answers
5
votes
1
answer
156
views
Is there a legal analogy of a publisher for physical things
Background
Long and complex story short, we're essentially building a legal & software framework for self-organizing 'ad-hoc' organizations. It seems like some set of our issues could be solved ...
- 325
2
votes
0
answers
28
views
What is intermediate between a particular case citation and time immemorial?
What is intermediate between a particular case citation and time immemorial?
Often, common law precedents are cited by the cases that established them replete with the exact year of the precedent case....
2
votes
0
answers
44
views
Is the law of Accord and Satisfaction a very undeveloped field?
I have tried to find cases of Accord and Satisfaction in the Jamaican Jurisdiction but there are hardly any. And the UK courts also only have a few of them. Do you know where I can get it?
Moreover, ...
- 57
2
votes
0
answers
65
views
Where can I find ‘The Common Law: Judicial Impartiality and Judge-Made Law’?
I’m working on the translation of a document, which quotes a substantial part of this text: ‘The Common Law: Judicial Impartiality and Judge-Made Law’ by H. K. Luke.
After some research, I realized ...
- 241
2
votes
0
answers
120
views
How did marriage certification deviate away from the older idea of common law marriage?
I'm seeking to better understand the history of how marriage licenses came about, and specifically, the transition from cohabitation and public announcement of the marriage to requiring a literal ...
2
votes
0
answers
87
views
Automating online job application systems (applicant tracking software) is legal?
Application tracking software or job application software is annoying most of the time. They ask you to fill out loads of information along with your resume, even if your resume has most of it. People ...
- 21
2
votes
0
answers
65
views
Condonation of Delay petition
How do I write a condonation of delay petition on a land issue to Revenue divisional officer?
Is there any rule that only lawyer should write this condonation of delay petition?
If not please ...
- 121
1
vote
0
answers
33
views
Does an MLAT request have an age limit?
Having recently found out about Mutual Legal Assistance Treaty (MLAT) requests, I had some questions that I could not find on the government (gov.uk) website. I am interested in both between UK and EU ...
- 450
1
vote
0
answers
67
views
Common law occupation/"co-tenancy" rights trumping lease restrictions on cohabiting or reassigning?
If I'm not mistaken, under s30, Family Law Act 1996 a tenant's spouse or partner implicitly has the same rights to occupy a dwelling let by the tenant themselves and various illegal eviction rulings ...
1
vote
0
answers
41
views
Is (at least) 28 days and a sheriff court order always required to evict a Scottish common law tenant?
The one guaranteed condition is that the tenant does not live with their landlord. Regardless of what the tenancy agreement says, is a court order always required to evict such a common law tenant?
1
vote
0
answers
51
views
What is the scope of damages in common law fraud?
It appears to me that in case of fraud, the benefit-of-the-bargain rule defines the breadth and width of the liability of the tortfeasor in some U.S. states, and not strict liability.
Do I understand ...
- 3,869
1
vote
0
answers
45
views
How distinct (un-continental) are the UK tax and accounting law and court decisions in tax and accounting cases?
UK has common law system which is based on the case law. But meanwhile there is ongoing efforts to codify some laws - e.g. there is https://www.legislation.gov.uk/ukpga/1994/23/contents Value Added ...
- 383
1
vote
0
answers
113
views
Possible consequences of bugging in game
Is it possible to suffer any consequences for the using bugs or programs that use these bugs, in multiplayer game where enter usually 20 - 60 players at the same time? Headquarter of the company is in ...
- 11
1
vote
0
answers
521
views
How are damages calculated for intentional torts of assault and outrage?
Intentional torts like assault and outrage (a.k.a. infliction of emotional distress), or for that matter, dignitary torts (e.g., invasion of privacy, or alienation of affection) don't have readily ...
- 21.1k
1
vote
1
answer
99
views
Countries where re-sentencing is not allowed?
Are there any countries, where currently, a sentence cannot be appealed by the prosecution's side for being unduly lenient?
For example, someone is given a year suspended sentence for burglary, and ...
- 450
0
votes
0
answers
9
views
Is it ever possible to "sell" the right to action a tort?
Suppose Bob discriminates against Alice on a date 1/1/2023. Alice has a right to sue Bob for this discrimination for some limited period, but she doesn't care to bother with the hassle of pursuing ...
- 4,618
0
votes
0
answers
22
views
Is a "riot attending a strike" not included in "riot", and is a "riot" not "civil commotion"?
A notice of liability I read says, "[organization] is not liable for damage to any personal belongings... under any circumstances including the event of a catastrophe such as, but not limited to.....
- 11.6k
0
votes
0
answers
55
views
Universal Credits and community service?
I have read many cases of criminals within the United Kingdom, focusing on England and Wales, being given community service rather than a prison sentence.
What I am curious to discover is whether they ...
- 450
0
votes
0
answers
73
views
Do lies about privileged conversations break the privilege?
It's generally the rule that communications seeking or providing legal advice are privileged if they are made in a confidential context, and that the client can erode or destroy the protection of ...
- 51.7k
0
votes
0
answers
36
views
Claiming *forum non conveniens* after extended "shadow litigation"
Can someone claim that a particular forum is inconvenient after challenging service through a proxy (the recipient), thus essentially "shadow litigating" intensively for an extended period ...
- 101
0
votes
0
answers
41
views
What is meant by Capacity to Perform Juristic Acts
What is the difference between Capacity to Act and Legal Capacity?
0
votes
0
answers
261
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
...
- 109
-1
votes
0
answers
26
views
What jurisdictions actually have barristers?
Does the entire Uk including Scotland and Northern Ireland draw the distinction? What about Canada? Australia? Other common law areas? Beyond (non common law areas)?
- 4,618
-1
votes
1
answer
35
views
Does the phrase exclusive possession actually denote a covenant or "implied term" of tenancies which landlords must respect, as is often claimed?
Or is it more a taxonomical device used to deduce as to whether or not a given agreement for accommodation is legally to be deemed a tenancy?
In other words, considering the following quotation from ...
-1
votes
2
answers
63
views
Is "accusing one liable to offence" indirectly libel?
Suppose there are three people, A, B, and C.
A and B has a personal dispute, all parties know each other, and on one day, B's private chat group was attacked and destroyed by an unknown person, whose ...
- 171