1.
Absolute monarchy
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Absolute monarchy, or despotic monarchy, is a form of monarchy in which one ruler has supreme authority that is not restricted by any written laws, legislature, or customs. These are often, but not always, hereditary monarchies, in contrast, in constitutional monarchies, the head of states authority derives from and is legally bounded or restricted by a constitution or legislature. Some monarchies have weak or symbolic legislatures and other bodies that the monarch can alter or dissolve at will. Countries where a monarch still maintains absolute power are Brunei, Qatar, Oman, Saudi Arabia, the individual emirates composing the United Arab Emirates, Swaziland, in Ancient Egypt, the Pharaoh wielded absolute power over the country and was considered a living god by his people. In ancient Mesopotamia, many rulers of Assyria, Babylonia and Sumer were absolute monarchs as well, in ancient and medieval India, rulers of the Maurya, Satahavana, Gupta and Chalukya Empires, as well as other major and minor empires, were considered absolute monarchs. In the Khmer Empire, the kings were called Devaraja and Chakravartin, in Kingdom of Siam, the kings were esestablished Somburanaya-sittiraj. Throughout Chinese history, many emperors and one empress wielded absolute power through the Mandate of Heaven, in pre-Columbian America, the Inca Empire was ruled by a Sapa Inca, who was considered the son of Inti, the sun god and absolute ruler over the people and nation. Throughout much of European history, the right of kings was the theological justification for absolute monarchy. Many European monarchs, such as those of Russia, claimed supreme autocratic power by right. James VI of Scotland and his son Charles I of Scotland and England tried to import this principle, there is a considerable variety of opinion by historians on the extent of absolutism among European monarchs. Some, such as Perry Anderson, argue that quite a few monarchs achieved levels of absolutist control over their states, a widely held story about Louis XIV of France is that he proclaimed Létat, cest moi. What Louis did say was, The interests of the state come first, when one gives these priority, one labors for ones own good. These advantages to the state redounds to ones glory, although often criticized for his extravagances, such as the Palace of Versailles, he reigned over France for a long period, and some historians consider him a successful absolute monarch. More recently, revisionist historians have questioned whether Louis reign should be considered absolute, the King of France concentrated in his person legislative, executive, and judicial powers. He was the judicial authority. He could condemn men to death without the right of appeal and it was both his duty to punish offenses and stop them from being committed. From his judicial authority followed his power both to make laws and to annul them and this law consequently authorized the king to abolish all other centers of power. Most important was the abolition of the Council of the Realm and his actions largely originated the militaristic streak of the Hohenzollern
2.
Common law
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Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and tribunals. In cases where the parties disagree on what the law is, if a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. Resolution of the issue in one case becomes precedent that binds future courts, stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A common law system is a system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, today, one third of the worlds population live in common law jurisdictions or in systems mixed with civil law. The term common law has many connotations, the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are seen, and are sometimes heard in everyday speech. Blacks Law Dictionary, 10th Ed. gives as definition 1,1, the body of law derived from judicial decisions, rather than from statutes or constitutions, CASELAW, STATUTORY LAW. In this connotation, common law distinguishes the authority that promulgated a law. e, examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. Interstitial common law decisions that analyze, interpret and determine the fine boundaries. Publication of decisions, and indexing, is essential to the development of common law, while all decisions in common law jurisdictions are precedent, some become leading cases or landmark decisions that are cited especially often. Blacks 10th Ed. definition 2, differentiates common law jurisdictions, by contrast, in civil law jurisdictions, courts lack authority to act if there is no statute. Judicial precedent is given less weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law. As a rule of thumb, common law systems trace their history to England, blacks 10th Ed. definition 4, differentiates common law from equity. This split propagated to many of the colonies, including the United States, for most purposes, most jurisdictions, including the U. S. federal system and most states, have merged the two courts. Additionally, even before the courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. In the United States, determining whether the Seventh Amendments right to a jury trial applies or whether the issue will be decided by a judge, the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review
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Divorce
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Divorce should not be confused with annulment, which declares the marriage null and void, with legal separation or de jure separation or with de facto separation. Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash, the only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark. The Vatican City is a state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy, Portugal, Brazil, Spain, Argentina, Paraguay, Colombia, Andorra, Ireland, Chile, grounds for divorce vary widely from country to country. Marriage may be seen as a contract, a status, or a combination of these, where it is seen as a contract, the refusal or inability of one spouse to perform the obligations stipulated in the contract may constitute a ground for divorce for the other spouse. In contrast, in countries, divorce is purely no fault. Many jurisdictions offer both the option of a no fault divorce as well as an at fault divorce and this is the case, for example, in many US states. Though divorce laws vary between jurisdictions, there are two approaches to divorce, fault based and no-fault based. In some jurisdictions one spouse may be forced to pay the fees of another spouse. Laws vary as to the period before a divorce is effective. However, issues of division of property are determined by the law of the jurisdiction in which the property is located. In Europe, divorce laws differ from country to country, reflecting differing legal and cultural traditions, in some countries, particularly in some former communist countries, divorce can be obtained only on one single general ground of irretrievable breakdown of the marriage. Yet, what such a breakdown of the marriage is interpreted very differently from jurisdiction to jurisdiction. Separation constitutes a ground of divorce in some European countries. g. in the laws of Latvia. Divorce laws are not static, they often change reflecting evolving social norms of societies, some countries have completely overhauled their divorce laws, such as Spain in 2005, and Portugal in 2008. A new divorce law also came into force in September 2007 in Belgium, bulgaria also modified its divorce regulations in 2009. e. The negotiations with the participation of an advocate or agreement made before the registrar of Public Registry Office, Austria, instead, is a European country where the divorce law still remains conservative. The liberalization of laws is not without opposition, particularly in the United States
4.
Canada
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Canada is a country in the northern half of North America. Canadas border with the United States is the worlds longest binational land border, the majority of the country has a cold or severely cold winter climate, but southerly areas are warm in summer. Canada is sparsely populated, the majority of its territory being dominated by forest and tundra. It is highly urbanized with 82 per cent of the 35.15 million people concentrated in large and medium-sized cities, One third of the population lives in the three largest cities, Toronto, Montreal and Vancouver. Its capital is Ottawa, and other urban areas include Calgary, Edmonton, Quebec City, Winnipeg. Various aboriginal peoples had inhabited what is now Canada for thousands of years prior to European colonization. Pursuant to the British North America Act, on July 1,1867, the colonies of Canada, New Brunswick and this began an accretion of provinces and territories to the mostly self-governing Dominion to the present ten provinces and three territories forming modern Canada. With the Constitution Act 1982, Canada took over authority, removing the last remaining ties of legal dependence on the Parliament of the United Kingdom. Canada is a parliamentary democracy and a constitutional monarchy, with Queen Elizabeth II being the head of state. The country is officially bilingual at the federal level and it is one of the worlds most ethnically diverse and multicultural nations, the product of large-scale immigration from many other countries. Its advanced economy is the eleventh largest in the world, relying chiefly upon its abundant natural resources, Canadas long and complex relationship with the United States has had a significant impact on its economy and culture. Canada is a country and has the tenth highest nominal per capita income globally as well as the ninth highest ranking in the Human Development Index. It ranks among the highest in international measurements of government transparency, civil liberties, quality of life, economic freedom, Canada is an influential nation in the world, primarily due to its inclusive values, years of prosperity and stability, stable economy, and efficient military. While a variety of theories have been postulated for the origins of Canada. In 1535, indigenous inhabitants of the present-day Quebec City region used the word to direct French explorer Jacques Cartier to the village of Stadacona, from the 16th to the early 18th century Canada referred to the part of New France that lay along the St. Lawrence River. In 1791, the area became two British colonies called Upper Canada and Lower Canada collectively named The Canadas, until their union as the British Province of Canada in 1841. Upon Confederation in 1867, Canada was adopted as the name for the new country at the London Conference. The transition away from the use of Dominion was formally reflected in 1982 with the passage of the Canada Act, later that year, the name of national holiday was changed from Dominion Day to Canada Day
5.
Senate of Canada
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The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons and the Monarch. The Senate is modelled after the British House of Lords and consists of 105 members appointed by the Governor General on the advice of the Prime Minister, Senators may serve until they reach the age of 75. The Senate is the house of Parliament and the House of Commons is the lower house. As a matter of practice and custom, the Commons is the dominant chamber, the approval of both chambers is necessary for legislation and, thus, the Senate can reject bills passed by the Commons. Between 1867 and 1987, the Senate rejected fewer than two bills per year, but this has increased in recent years. Moreover, members of the Cabinet are responsible solely to the House of Commons, while the prime minister and the rest of Cabinet remain in office only while they retain the confidence of the Commons, Senators are not beholden to such control. The Senate of Canada and the House of Commons of Canada sit in separate chambers in the Centre Block on Parliament Hill, located in Ottawa, Ontario. The chamber in which the Senate sits is called the red chamber, due to the red cloth that adorns the chamber. The red Senate chamber is decorated, in contrast with the more modest. There are chairs and desks on both sides of the chamber, divided by a centre aisle, the Speakers chair is at one end of the chamber, in front of it is the Clerks table. Various clerks sit at the table, ready to advise the Speaker, Members of the governing party sit on the benches to the Speakers right, while members of the Opposition occupy the benches on the Speakers left. The seat has the coat of arms of the Princess Louise The first two seats are vacant but present during the sitting of the Senate. The Speaker of the Senate uses the third seat with the Arms of Canada and this seat is removed during the throne speech. At either end of the chamber, on the floor, are the visitors galleries. The north gallerys lower seating area, or tribune, is reserved for journalists, the Governor General holds the power to make normal senatorial appointments, although, in modern practice, they make appointments only on the advice of the prime minister. A prime minister normally chooses members of his or her own party to be Senators, in practice, a large number of the members of the Senate are ex-Cabinet ministers, ex-provincial premiers, and other eminent people. The first Aboriginal senator was James Gladstone, who sat as an Independent Conservative, under the constitution, each province or territory is entitled to a specific number of Senate seats. The constitution divides Canada into four areas, each with an number of senators,24 for Ontario,24 for Quebec,24 for the Maritime provinces
6.
Parliament of the United Kingdom
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It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and its territories. Its head is the Sovereign of the United Kingdom and its seat is the Palace of Westminster in the City of Westminster, one of the boroughs of the British capital, the parliament is bicameral, consisting of an upper house and a lower house. The Sovereign forms the third component of the legislature, prior to the opening of the Supreme Court in October 2009, the House of Lords also performed a judicial role through the Law Lords. The House of Commons is an elected chamber with elections held at least every five years. The two Houses meet in separate chambers in the Palace of Westminster in London, most cabinet ministers are from the Commons, whilst junior ministers can be from either House. The Parliament of Great Britain was formed in 1707 following the ratification of the Treaty of Union by Acts of Union passed by the Parliament of England and the Parliament of Scotland. The UK parliament and its institutions have set the pattern for many throughout the world. However, John Bright – who coined the epithet – used it with reference to a rather than a parliament. In theory, the UKs supreme legislative power is vested in the Crown-in-Parliament. However, the Crown normally acts on the advice of the Prime Minister, the United Kingdom of Great Britain and Ireland was created in 1801, by the merger of the Kingdoms of Great Britain and Ireland under the Acts of Union. The principle of responsibility to the lower House did not develop until the 19th century—the House of Lords was superior to the House of Commons both in theory and in practice. Members of the House of Commons were elected in an electoral system. Thus, the borough of Old Sarum, with seven voters, many small constituencies, known as pocket or rotten boroughs, were controlled by members of the House of Lords, who could ensure the election of their relatives or supporters. During the reforms of the 19th century, beginning with the Reform Act 1832, No longer dependent on the Lords for their seats, MPs grew more assertive. The supremacy of the British House of Commons was established in the early 20th century, in 1909, the Commons passed the so-called Peoples Budget, which made numerous changes to the taxation system which were detrimental to wealthy landowners. The House of Lords, which consisted mostly of powerful landowners, on the basis of the Budgets popularity and the Lords consequent unpopularity, the Liberal Party narrowly won two general elections in 1910. Using the result as a mandate, the Liberal Prime Minister, Herbert Henry Asquith, introduced the Parliament Bill, in the face of such a threat, the House of Lords narrowly passed the bill. However, regardless of the Parliament Acts of 1911 and 1949, the Government of Ireland Act 1920 created the parliaments of Northern Ireland and Southern Ireland and reduced the representation of both parts at Westminster
7.
Law
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, the law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, at the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, glanville Williams said that the meaning of the word law depends on the context in which that word is used. He said that, for example, early customary law and municipal law were contexts where the law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely to the development of civilization, Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books
8.
Contract
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A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition, Contract law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement, minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing, at common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound, a so-called gentlemens agreement is one which is not intended to be legally enforceable, and which is binding in honour only. In order for a contract to be formed, the parties must reach mutual assent and this is typically reached through offer and an acceptance which does not vary the offers terms, which is known as the mirror image rule. An offer is a statement of the offerors willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person and it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral, a bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror, in a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the High Court of Australia stated that the term unilateral contract is unscientific and misleading. In certain circumstances, a contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly, quantum meruit claims are an example. Carbolic, a firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions
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Legislature
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A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments, in the separation of model, they are often contrasted with the executive. Laws enacted by legislatures are known as legislation, legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process. The members of a legislature are called legislators, each chamber of legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a number of legislators present to carry out these activities. Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of small selections of the legislators. The members of a legislature usually represent different political parties, the members from each party generally meet as a caucus to organize their internal affairs, the internal organization of a legislature is also shaped by the informal norms that are shared by its members. Legislatures vary widely in the amount of power they wield, compared to other political players such as judiciaries, militaries. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures, such a system renders the legislature more powerful. Legislatures will sometime delegate their legislative power to administrative or executive agencies, legislatures are made up of individual members, known as legislators, who vote on proposed laws. For example, a legislature that has 100 seats has 100 members, by extension, an electoral district that elects a single legislator can also be described as a seat, as, for, example, in the phrases safe seat and marginal seat. In parliamentary systems of government, the executive is responsible to the legislature which may remove it with a vote of no confidence, names for national legislatures include parliament, congress, diet and assembly. A legislature which operates as a unit is unicameral, one divided into two chambers is bicameral, and one divided into three chambers is tricameral. In bicameral legislatures, one chamber is considered the upper house. In federations, the upper house typically represents the component states. This is a case with the legislature of the European Union. Tricameral legislatures are rare, the Massachusetts Governors Council still exists, tetracameral legislatures no longer exist, but they were previously used in Scandinavia. Legislatures vary widely in their size, among national legislatures, Chinas National Peoples Congress is the largest with 2987 members, while Vatican Citys Pontifical Commission is the smallest with 7
10.
Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
