Sources of American Law Maria PLA1003 Intro to Paralegal August 16, 2012 It is very useful to learn how to use legal research in our modern society but the basic search that you most know is how to use your primary sources. Primary Source consists on Court decisions, statutes enacted by legislative bodies, rules and regulations created by administrative agencies, presidential orders, and any document establishing the law. Common law and case law consist on decisions and rules developed by judges in cases that comes before the courts and similar tribunals, this law is based on the English legal system; it impacted the law by making the authority to make law where no legislative statute exist, under the common law
Roshini Dialani Assignment for Week 1 BUSN 420 1.) What is common law? Common law, which originated from England, is a body of law developed from custom or judicial decisions in English & U.S. courts. This means that laws are made from previous decisions with similar cases. It believes that it is unfair to treat similar facts differently on different occasions.
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
1. Essay Read the following quotation: The constitution is work of many interpretations. The legal system have their interpretation, and so does scholars and the general public. However, the true meaning of the Constitution seems to get lost in the mix of other people’s understanding of it, “The emphasis on historical and theoretical precision sometimes leads us to forget that the Constitution was the work of statesmen and politicians, not philosophers and theorists." (Ivers.
7. Choose three U.S. Supreme Court decisions that pertain to the right to court-appointed counsel for indigent defendants and explain the significance of each. 8. List and describe the three primary methods used in the United States to provide indigent defendants with attorneys. 9.
The doctrine of parliament sovereignty has been regarded as the most fundamental element of the British constitution. It can be summarised in three points: that parliament has the power to make any law they wish; that no parliament can create a law that a future parliament cannot change; that only parliament can change or reverse a law passed by parliament. Parliamentary Sovereignty thus gives unconditional power to the Westminster Parliament. A.V. Dicey describes it as ‘the dominant characteristic of our political institutions',and ‘the very keystone of the law of constitution'.
A writ is a written order issued by the court and habeas corpus has been christened the “great writ”. Habeas Corpus is a court order that forces a detained prisoner brought forth to the courts to hear charges against them and to be able to defend themselves. It is used when someone has been unlawfully detained but has changed in meaning throughout its lifetime. According to History records habeas corpus was first introduced in 1305 but was said to be used in the Magna Karta in 1215. In English practice habeas corpus was only authorized by the House of Commons and the right to suspend given to the Executive chief and it is by his digression to see if all conditions for habeas corpus should be suspended.
This clearly shows an effective protection of liberty by judges. Furthermore, a vital protection of liberties can be exercised via judicial review. Judicial review is a process that is conducted in the Supreme Court that hears an appeal over lawfulness of a case. It is not focused on the rights and wrongs of a case, this would be a case for appeal courts following the above methods, judicial review is simply an examination of the lawfulness of a case. For example, in the case of Home Secretary v. AP 2010 an appeal allowing the government to detain AP on a control order
Unit One: Description of terms David A. Demerle Kaplan University LS 311 Business Law 1 Myra Navarro November 14, 2011 Introduction According to the unit 1 assignment, our task is to define the following legal terms in our own words Review/Analysis of the Case: Common law: A practiced tradition dating back to medieval England and adopted by the colonial law makers of the United States; common law is law that relies heavily on judicial precedent based largely from previous cases. Common law is not necessarily a written law, as much as it is an implied law that is widely recognized. For example, a common law marriage is not a traditional form of marriage where a man and women buy a marriage license, stand before
A written statement submitted to the court to persuade it as to the correctness of a party’s positions is: (Points : 2) a. Memorandum of law b. Interrogatory c. Bill of particulars d. Verification 3. The initial pleading in a civil action in which plaintiff alleges a cause of actions is: (Points : 2) a. Counterclaim b. Response c. Cross-action d. Complaint 4. The person who brings a lawsuit is called a: (Points