1.
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
2.
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
3.
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
4.
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
5.
Judiciary
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes, in some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, the Judiciary is often tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review, Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive, the latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics and it is important to distinguish between the two methods of corruption of the judiciary, the state, and the private. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law, in common law jurisdictions, courts interpret law, this includes constitutions, statutes, and regulations. They also make law based upon prior case law in areas where the legislature has not made law, for instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law, in civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a role to case law. State courts, which try 98% of litigation, may have different names and organization, trial courts may be called courts of common plea, appellate courts superior courts or commonwealth courts. The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France, the authority on the interpretation of the law is the Council of State for administrative cases. In the Peoples Republic of China, the authority on the interpretation of the law is the National Peoples Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court, in this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices and this number has been changed several times. Japans process for selecting judges is longer and more stringent than the process in the United States, assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney
6.
Statute
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A statute is a formal written enactment of a legislative authority that governs a state, city or country. Typically, statutes command or prohibit something, or declare policy, statutes are rules made by legislative bodies, they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Statute law is written by a legislative body and signed into law by its executive. Before a statute becomes law in countries, it must be agreed upon by the highest executive in the government. A universal problem encountered by lawmakers throughout human history is how to organize published statutes, such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to the exigencies of the moment. Eventually, persons trying to find the law are forced to sort through a number of statutes enacted at various points in time to determine which portions are still in effect. In turn, in theory, the code will thenceforth reflect the current cumulative state of the law in that jurisdiction. In many nations statutory law is distinguished from and subordinate to constitutional law, statute is also another word for law. The term was adapted from England in about the 18th century, in the Autonomous Communities of Spain, the autonomy statute is a legal document similar to a state constitution in a federated state. The autonomies statutes in Spain have the rank of Ley Organica, leyes Organicas rank between the Constitution and ordinary laws. The name was chosen, among others, to avoid confusion with the term Constitution, in biblical terminology, statute refers to a law given without any reason or justification. The classic example is the statute regarding the Red Heifer. The opposite of a chok is a mishpat, a law given for a reason, e. g. the Sabbath laws, which were given because God created the world in six days. That which upholds, supports or maintains the order of the universe meaning the Law or Natural Law. This is a concept of central importance in Indian philosophy and religion, Constitution Legislation Legislature Organic statute Statutory law
7.
Municipality
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It is to be distinguished from the county, which may encompass rural territory and/or numerous small communities such as towns, villages and hamlets. The term municipality may also mean the governing or ruling body of a given municipality, a municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district. The term is derived from French municipalité and Latin municipalis, a municipality can be any political jurisdiction from a sovereign state, such as the Principality of Monaco, or a small village, such as West Hampton Dunes, New York. The power of municipalities range from virtual autonomy to complete subordination to the state, municipalities may have the right to tax individuals and corporations with income tax, property tax, and corporate income tax, but may also receive substantial funding from the state. Similar terms include Spanish ayuntamiento, also called municipalidad, Polish gmina, Dutch/Flemish Gemeente, in Australia, the term local government area is used in place of the generic municipality. Here, the LGA Structure covers only incorporated areas of Australia, incorporated areas are legally designated parts of states and territories over which incorporated local governing bodies have responsibility. In Canada, municipalities are local governments established through provincial and territorial legislation, the Province of Ontario has different tiers of municipalities, including lower, upper, and single tiers. Types of upper tier municipalities in Ontario include counties and regional municipalities, nova Scotia also has regional municipalities, which include cities, counties, districts, or towns as municipal units. In India, a Nagar Palika or Municipality is a local body that administers a city of population 100,000 or more. Under the Panchayati Raj system, it directly with the state government. Generally, smaller cities and bigger towns have a Nagar Palika. Nagar Palikas are also a form of local self-government entrusted with duties and responsibilities. Such a corporation in Great Britain consists of a head as a mayor or provost, since local government reorganisation, the unit in England, Northern Ireland and Wales is known as a district, and in Scotland as a council area. A district may be awarded borough or city status, or can retain its district title, in Jersey, a municipality refers to the honorary officials elected to run each of the 12 parishes into which it is subdivided. This is the highest level of government in this jurisdiction. In the United States, municipality is usually understood as a city, town, village, or other local government unit, in the Peoples Republic of China, a direct-controlled municipality is a city with equal status to a province, Beijing, Tianjin, Shanghai, and Chongqing. In Taiwan, a municipality is a city with equal status to a province, Kaohsiung, New Taipei, Taichung, Tainan, Taipei. In Portuguese language usage, there are two words to distinguish the territory and the administrative organ, when referring to the territory, the word concelho is used, when referring to the organ of State, the word município is used
8.
United States Code
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The Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes of the United States. It contains 52 titles, and a further three titles have been proposed, the main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of those laws not codified in the United States Code can be found in United States Statutes at Large, the official text of an Act of Congress is that of the enrolled bill presented to the President for his signature or disapproval. Upon enactment of a law, the bill is delivered to the Office of the Federal Register within the National Archives. After authorization from the OFR, copies are distributed as slip laws by the Government Printing Office, the Archivist assembles annual volumes of the enacted laws and publishes them as the United States Statutes at Large. By law, the text of the Statutes at Large is legal evidence of the laws enacted by Congress, slip laws are also competent evidence. The Statutes at Large, however, is not a convenient tool for legal research and it is arranged strictly in chronological order so that statutes addressing related topics may be scattered across many volumes. Statutes often repeal or amend laws, and extensive cross-referencing is required to determine what laws are in force at any given time. The United States Code is the result of an effort to make finding relevant and effective statutes simpler by reorganizing them by subject matter, the Code is maintained by the Office of the Law Revision Counsel of the U. S. House of Representatives. The LRC updates the Code accordingly, because of this codification approach, a single named statute may or may not appear in a single place in the Code. Often, complex legislation bundles a series of provisions together as a means of addressing a social or governmental problem, for example, an Act providing relief for family farms might affect items in Title 7, Title 26, and Title 43. When the Act is codified, its various provisions might well be placed in different parts of those various Titles, usually, the individual sections of a statute are incorporated into the Code exactly as enacted, however, sometimes editorial changes are made by the LRC. Though authorized by statute, these changes do not constitute positive law, the authority for the material in the United States Code comes from its enactment through the legislative process and not from its presentation in the Code. For example, the United States Code omitted 12 U. S. C. §92 for decades, apparently because it was thought to have been repealed. In its 1993 ruling in U. S. National Bank of Oregon v. Independent Insurance Agents of America, by law, those titles of the United States Code that have not been enacted into positive law are prima facie evidence of the law in effect. The United States Statutes at Large remains the ultimate authority, if a dispute arises as to the accuracy or completeness of the codification of an unenacted title, the courts will turn to the language in the United States Statutes at Large. This process makes that title of the United States Code legal evidence of the law in force, where a title has been enacted into positive law, a court may neither permit nor require proof of the underlying original Acts of Congress. The distinction between enacted and unenacted titles is largely academic because the Code is nearly always accurate, the United States Code is routinely cited by the Supreme Court and other federal courts without mentioning this theoretical caveat
9.
United States Statutes at Large
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Each act and resolution of Congress is called a slip law, which is classified as either public law or private law, and designated and numbered accordingly. At the end of a Congress session, slip laws are compiled into Statutes at Large and they are part of a three-part model for publication of federal statutes consisting of slip laws, session laws, and codification. Today, large portions of slip laws denominated as public laws are now drafted as amendments to the United States Code. Once enacted into law, an Act will be published in the Statutes at Large and will add to, modify, provisions of a public law that contains only enacting clauses, effective dates, and similar matters are not generally codified. Private laws also are not generally codified, some portions of the United States Code have been enacted as positive law and other portions have not been so enacted. Publication of the United States Statutes at Large began in 1845 by the firm of Little, Brown. During Little, Brown and Companys time as publisher, Richard Peters, George Minot, in 1874, Congress transferred the authority to publish the Statutes at Large to the Government Printing Office under the direction of the Secretary of State. 633, was enacted July 30,1947 and directed the Secretary of State to compile, edit, index,980, was enacted September 23,1950 and directed the Administrator of General Services to compile, edit, index, and publish the Statutes at Large. Since 1985 the Statutes at Large have been prepared and published by the Office of the Federal Register of the National Archives, sometimes very large or long Acts of Congress are published as their own volume of the Statutes at Large. For example, the Internal Revenue Code of 1954 was published as volume 68A of the Statutes at Large. Volumes 1 to 18 of the Statutes at Large made available by the Library of Congress Volumes 1 to 64 of the Statutes at Large made available by the Congressional Data Coalition via LEGISWORKS
10.
Private bill
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A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. This is unlike public bills which apply to everyone within their jurisdiction, private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of private law in democratic countries. A private bill is not to be confused with a members bill. In Canada, private bills today are used to deal with older organizations, private bills can also be used to give official government tribute to some person or group. Unlike with most other legislation, it is common for bills to originate in the Senate rather than the House. For the first hundred years after Confederation, private bills were more common, for example, prior to the passage of the Divorce Act in 1968, there was no uniform federal divorce law. In some provinces, the way to obtain a divorce was by a legislative divorce. This required an application to the Canadian Senate which reviewed and investigated petitions for divorce, the final report of the committee handling the case would then be voted upon by the Senate and subsequently enacted as an Act of Parliament. There are two types of private Act in the United Kingdom, the second type are Acts for the benefit of organisations, or authorising major projects such as railways or canals, or granting extra powers to local authorities. In the United States, private bills were common between 1817 and 1971, by making the terms of the law apply to only one organization it has the effect of a private law without actually naming the party to be granted relief. In 2012, a Nigerian student, Sopuruchi Victor Chukwueke, became the first person in two years to be the beneficiary of a private bill, private laws are published individually as slip laws and included chronologically in United States Statutes at Large. Statutes at Large are available in most academic libraries and Federal Depository Library Program institutions, in the United States Constitution, the concept of a private law, when applied punitively, is covered by the term bill of attainder. Such punitive private laws are therefore unconstitutional, private Bills, Procedure in the House. Archived from the original on 2008-05-21
11.
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
12.
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
13.
Divorce Act, 1968 (Canada)
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The Divorce Act is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage, there was no uniform federal divorce law in Canada until 1968. The only way for an individual to get divorced in these provinces was to apply to the federal Parliament for a bill of divorce. These bills were primarily handled by the Canadian Senate where a committee would undertake an investigation of a request for a divorce. If the committee found that the request had merit, the marriage would be dissolved by an Act of Parliament, in Ontario, prior to 1930 there was no divorce law and individuals seeking a divorce similarly had to apply to Parliament for a private bill of divorce. In 1930, Parliament passed the Divorce Act which authorised divorces in the courts of Ontario for Ontario residents, in 1968, Parliament passed the first Divorce Act which established a uniform divorce law across Canada. The 1968 Act widened the reasons for divorce from adultery to include mental or physical cruelty, in 1986, Parliament passed a new Divorce Act to modernise the law of divorce further. One change made was to reduce the period to one year. Shortly thereafter, the question of same-sex divorce arose, section 2 of the Divorce Act originally read, spouse means either of a man or woman who are married to each other. This definition of spouse meant that the Divorce Act did not provide a means for a married couple to obtain a divorce. However, a judge in Ontario and a judge in British Columbia both agreed that this section of the act was discriminatory and granted divorces to same-sex married couples, in 2005, Parliament passed the Civil Marriage Act, which made same-sex marriage available throughout Canada. That Act also amended the Divorce Act to change the meaning of spouse, section 2 of the Divorce Act now defines spouse to mean either of two persons who are married to each other. The section gives a spouse the power to file an affidavit with the if they are experiencing barriers to religious remarriage. If the barrier has not since been removed after the affidavit is sent, kristen Douglas, Divorce Law in Canada, Library of Parliament,2001
14.
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
15.
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
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Corporation
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A corporation is a company or group of people authorized to act as a single entity and recognized as such in law. Early incorporated entities were established by charter, most jurisdictions now allow the creation of new corporations through registration. Corporations chartered in regions where they are distinguished by whether they are allowed to be for profit or not are referred to as for profit and not-for-profit corporations, there is some overlap between stock/non-stock and for profit/not-for-profit in that not-for-profit corporations are always non-stock as well. A for profit corporation is almost always a stock corporation, registered corporations have legal personality and are owned by shareholders whose liability is limited to their investment. Shareholders do not typically actively manage a corporation, shareholders instead elect or appoint a board of directors to control the corporation in a fiduciary capacity, in American English, the word corporation is most often used to describe large business corporations. In British English and in the Commonwealth countries, the company is more widely used to describe the same sort of entity while the word corporation encompasses all incorporated entities. In American English, the company can include entities such as partnerships that would not be referred to as companies in British English as they are not a separate legal entity. Despite not being human beings, corporations, as far as the law is concerned, are legal persons. Corporations can exercise human rights against real individuals and the state, Corporations can be dissolved either by statutory operation, order of court, or voluntary action on the part of shareholders. Corporations can even be convicted of offenses, such as fraud. However, corporations are not considered living entities in the way humans are. While not a corporation, this new type of entity became very attractive as an alternative for corporations not needing to issue stock, in Germany, the organization was referred to as Gesellschaft mit beschränkter Haftung or GmbH. In the last quarter of the 20th Century this new form of organization became available in the United States and other countries. Since the GmbH and LLC forms of organization are technically not corporations they will not be discussed in this article, the word corporation derives from corpus, the Latin word for body, or a body of people. By the time of Justinian, Roman law recognized a range of corporate entities under the names universitas and these included the state itself, municipalities, and such private associations as sponsors of a religious cult, burial clubs, political groups, and guilds of craftsmen or traders. Such bodies commonly had the right to own property and make contracts, to receive gifts and legacies, to sue and be sued, private associations were granted designated privileges and liberties by the emperor. Entities which carried on business and were the subjects of rights were found in ancient Rome. In medieval Europe, churches became incorporated, as did local governments, such as the Pope, the point was that the incorporation would survive longer than the lives of any particular member, existing in perpetuity
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Monopoly
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A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity. The verb monopolise or monopolize refers to the process by which a company gains the ability to raise prices or exclude competitors, in economics, a monopoly is a single seller. In law, a monopoly is an entity that has significant market power, that is. Although monopolies may be big businesses, size is not a characteristic of a monopoly, a small business may still have the power to raise prices in a small industry. A monopoly is distinguished from a monopsony, in there is only one buyer of a product or service. Likewise, a monopoly should be distinguished from a cartel, in which several providers act together to coordinate services, prices or sale of goods. Monopolies, monopsonies and oligopolies are all situations in one or a few entities have market power and therefore interact with their customers. Monopolies can be established by a government, form naturally, or form by integration, in many jurisdictions, competition laws restrict monopolies. A government-granted monopoly or legal monopoly, by contrast, is sanctioned by the state, patents, copyrights, and trademarks are sometimes used as examples of government-granted monopolies. The government may also reserve the venture for itself, thus forming a government monopoly, There are four basic types of market structures in traditional economic analysis, perfect competition, monopolistic competition, oligopoly and monopoly. A monopoly is a structure in which a single supplier produces, if there is a single seller in a certain market and there are no close substitutes for the product, then the market structure is that of a pure monopoly. Sometimes, there are many sellers in an industry and/or there exist many close substitutes for the goods being produced and this is termed monopolistic competition, whereas in oligopoly the companies interact strategically. Most economic textbooks follow the practice of explaining the perfect competition model. The boundaries of what constitutes a market and what does not are relevant distinctions to make in economic analysis, in a general equilibrium context, a good is a specific concept including geographical and time-related characteristics. Most studies of market structure relax a little their definition of a good, price Maker, Decides the price of the good or product to be sold, but does so by determining the quantity in order to demand the price desired by the firm. High Barriers, Other sellers are unable to enter the market of the monopoly, single seller, In a monopoly, there is one seller of the good, who produces all the output. Therefore, the market is being served by a single company, and for practical purposes. Price Discrimination, A monopolist can change the price or quantity of the product and he or she sells higher quantities at a lower price in a very elastic market, and sells lower quantities at a higher price in a less elastic market
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Fundamental Law of Vatican City State
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The Fundamental Law of Vatican City State, promulgated by Pope John Paul II on 26 November 2000, is the main governing document of the Vaticans civil entities. It obtained the force of law of 22 February 2001, Feast of the Chair of St. Peter, Apostle, the law consists of 20 Articles. 1 §1 declares that “The Supreme Pontiff, Sovereign of Vatican City State, has the fullness of legislative, executive and judicial powers. ”3 §2 provides for the case of absence or impedance of the President, and decrees that the Commission would be presided over by the first of the Cardinal Members. 3 §3 describes who convokes and presides over the meetings of the Commission and says that “the Secretary General and the Vice Secretary General participate in them with a consultative vote. ”4 §1 demands that the Commission exercise its power within the limits of the law concerning the sources of law, according to the indications to be given in future Articles and its proper Regulations. §3 says “The draft laws are submitted in advance, through the Secretariat of State, for the consideration of the Supreme Pontiff. ”5 §1 gives executive power to the President of the Commission, in conformity with the Fundamental Law and with the other normative dispositions in force at Vatican City State. §2 gives the President the assistance of the Secretary General and the Vice Secretary General in the exercise of Executive power. §3 says that “Questions of greater importance are submitted by the President to the Commission for its study. ”6 declares that “Matters of greater importance are dealt with together with the Secretariat of State. ”7 §1 gives the President of the Commission the power to issue Ordinances, putting into effect legislative and regulatory norms. §3 reserves the power to issue general Regulations to the Commission,8 §1 declares that, without prejudice to the primacy of the Supreme Pontiff, and what is established in Art. 2 regarding the Secretariat of State, the President of the Commission represents the State, §2 provides for the President to delegate legal representation to the General Secretary for ordinary administrative activity. 9 §1 states the responsibilities of the Secretary General,1 and he assists the President of the Commission in his functions. §2 gives the Secretary General the right to take the place of the President of the Commission when the President is absent or impeded, §2 gives the Vice Secretary General the right to take the place of the Secretary General when the Secretary General is absent or impeded. §2 grants the Secretary General and the Vice Secretary General the right to part in the Council. 12 prescribes that the budgets and reports of the Vatican. §2 provides for the consultation of the Councillors both individually and collegially,14 gives the President of the Commission the right, in addition to using the Corps of Vigilance, to request the assistance of the Pontifical Swiss Guard for the purpose of security and policing. 15 §1 asserts that, in the name of the Pope, §2 gives the power of regulation of the competence of the individual organs to the Civil Laws of Vatican City State. §3 demands that acts of jurisdiction must be carried out within the territory of the Vatican. §2 states that “Hierarchical recourse precludes a judicial action in the matter, unless the Supreme Pontiff authorizes it in the individual case. ”§2 gives the Court of Appeal the faculty to hear cases of recourse against disciplinary provisions taken in regard to the employees of the State. 19 reserves the faculty to grant amnesties, indults, remissions,20 §1 enumerates the design of the flag of Vatican City State
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Administrative law
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Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a regulatory agenda. Administrative law is considered a branch of public law, civil law countries often have specialized courts, administrative courts, that review these decisions. In Brazil, unlike most Civil-law jurisdictions, there is no specialized court or section to deal with administrative cases, in 1998, a constitutional reform, led by the government of the President Fernando Henrique Cardoso, introduced regulatory agencies as a part of the executive branch. The President of the Republic exercises the function, in collaboration with several Ministries or other authorities with ministerial rank. Each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs, there is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review. Administrative law in the Peoples Republic of China was virtually non-existent before the reform era initiated by Deng Xiaoping. In 1990, the Administrative Supervision Regulations and the Administrative Reconsideration Regulations were passed, the three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law was passed, followed by the Administrative Penalties Law in 1996, Administrative Compulsory Law was enforced in 2012. Adiministrative Litigation Law was amended in 2014. The General Administrative Procedure Law is under way, the main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives dappel. Special administrative courts include the National Court of Asylum Right as well as military, the French body of administrative law is called droit administratif. It is a part of the law, which deals with the organization, the tasks. Administrative law in Germany follows three basic principles, principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. The general administration law is ruled in the Administrative Procedures Law. Other legal sources are the Rules of the Administrative Courts, the security code. The Verwaltungsverfahrensgesetz, which was enacted in 1977, regulates the main administrative procedures of the federal government and it serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities, the VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. One of the clause is §35 VwVfG
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Constitutional law
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Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land and these may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax, other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being, Constitutional laws may often be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority, one of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. Human rights or civil liberties form a part of a countrys constitution. Most jurisdictions, like the United States and France, have a codified constitution, a recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter and these are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Some countries like the United Kingdom have no entrenched document setting out fundamental rights, in those jurisdictions the constitution is composed of statute, case law, a case named Entick v. Carrington is a constitutional principle deriving from the common law. John Enticks house was searched and ransacked by Sherriff Carrington, Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, The great end and that right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, if no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings, another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution, in bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election, Constitutional law is a major focus of legal studies and research. The doctrine of the rule of law dictates that government must be conducted according to law and this was first established by British legal theorist A. V. Dicey. Dicey’s rule of law formula consists of three classic tenets, the first is that the regular law is supreme over arbitrary and discretionary powers
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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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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
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Deed
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For the British cargo ship, see SS Deed. For the reality series, see The Deed. A deed is any instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered. It is commonly associated with transferring title to property, the deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral, deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the descendant of the medieval charter. The traditional phrase signed, sealed and delivered refers to the practice of seals, however, agreements under seal are also called contracts by deed or specialty, in the United States, a specialty is enforceable without consideration. Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises. At common law, to be valid and enforceable, a deed must fulfill several requirements, It must state on its face that it is a deed and it must indicate that the instrument itself conveys some privilege or thing to someone. The grantor must have the ability to grant the thing or privilege. It must be executed by the grantor in presence of the number of witnesses. In some jurisdictions, a seal must be affixed to it, originally, affixing seals made persons parties to the deed and signatures optional, but seals are now outdated in most jurisdictions, so the signatures of the grantor and witnesses are primary. It must be delivered to and accepted by the grantee, conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, in the transfer of real estate, a deed conveys ownership from the old owner to the new owner, and can include various warranties. The precise name and nature of these differ by jurisdiction. Often, however, the differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, the latter type of deed is usually known as a special warranty deed
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Equity (law)
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For much of its history, the English common law was principally developed and administered in the central royal courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. Equity was the given to the law which was administered in the Court of Chancery. The Judicature Reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation, the reforms did not effect any substantive fusion, however. Judicial or academic reasoning which assumes the contrary has been described as a fusion fallacy, jurisdictions which have inherited the common law system differ in their current treatment of equity. Over the course of the 20th century some common law began to place less emphasis on the historical or institutional origin of substantive legal rules. In England, Australia, New Zealand and Canada, Equity remains a distinct body of law, the latter part of the 20th century saw increased debate over the utility of treating Equity as a separate body of law. These debates were labelled the fusion wars, after the Norman Conquest of England in the 11th century, royal justice came to be administered in three central courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. The common law developed in royal courts. To commence litigation in these courts, it was necessary to fit ones claim within a form of action. The plaintiff would purchase a writ in the Chancery, the head of which was the Lord Chancellor, where the law provided no remedy, litigants could sometimes appeal directly to the King. Eventually, the King would delegate resolution of these petitions to the Kings Council and these petitions were eventually delegated to the Lord Chancellor himself. Christianity did play a role in creating Common Law, however it does not have any control or power in the court of law, in the early history of the United States, common law was viewed as a birthright. Both the individual states and the government supported common law after the American Revolution. U. S. courts draw on decisions of English courts, individual state courts, Chancellors often had theological and clerical training and were well versed in Roman law and canon law. By the 15th century the power of Chancery was clearly recognised. Equity, as a body of rules, varied from Chancellor to Chancellor, after the end of the 17th century, only lawyers were appointed to the office of Chancellor. Over time, Equity developed a system of precedent much like its common-law cousin, one area in which the Court of Chancery assumed a vital role was the enforcement of uses, a role that the rigid framework of land law could not accommodate. This role gave rise to the distinction between legal and equitable interests
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Evidence (law)
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The law of evidence also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision, the trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum, quality, the rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed, the quality of proof is how reliable such evidence should be considered, important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are several types of evidence, depending on the form or source, Evidence governs the use of testimony, exhibits, documentary material, or demonstrative evidence, which are admissible in a judicial or administrative proceeding. The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy. The rules of evidence were developed several centuries and are based upon the rules from Anglo-American common law brought to the New World by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact and they are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result. Perhaps the most important of the rules of evidence is that, in general, there are several examples where presiding authorities are not bound by the rules of evidence. These include the military tribunals in the United States and tribunals used in Australia to try health professionals, in every jurisdiction based on the English common law tradition, evidence must conform to a number of rules and restrictions to be admissible. Evidence must be relevant – that is, it must be directed at proving or disproving a legal element, however, the relevance of evidence is ordinarily a necessary condition but not a sufficient condition for the admissibility of evidence. For example, relevant evidence may be excluded if it is unfairly prejudicial, confusing, there is also general agreement that assessment of relevance or irrelevance involves or requires judgements about probabilities or uncertainties. Beyond that, there is little agreement, many legal scholars and judges agree that ordinary reasoning, or common sense reasoning, plays an important role. There is less agreement about whether or not judgements of relevance or irrelevance are defensible only if the reasoning that supports such judgements is made fully explicit. However, most trial judges would reject any such requirement and would say that some judgements can and must rest partly on unarticulated and unarticulable hunches, california Evidence Code section 352 also allows for exclusion to avoid substantial danger of undue prejudice. The United States has a complicated system of evidentiary rules, for example. In Professor Friedmans words, A trained judge would not need all these rules, and indeed, the law of evidence in systems that lack a jury is short, sweet, however, Friedmans views are characteristic of an earlier generation of legal scholars. Under English law, evidence that would otherwise be admissible at trial may be excluded at the discretion of the judge if it would be unfair to the defendant to admit it
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International law
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Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, the field of study combines two main branches, the law of nations and international agreements and conventions. The Italian jurist Sir Alberico Gentili was the first to write on public international law and it is usually distinguished from private international law, which concerns the resolution of conflict of laws. The concept of nationalism became increasingly important as people began to see themselves as citizens of a nation with a distinct national identity. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and it does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy, and, in general, because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute. Under article 38 of the Statute of the International Court of Justice, in addition, judicial decisions and teachings may be applied as subsidiary means for the determination of rules of law. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties, customary international law is derived from the consistent practice of States accompanied by opinio juris, i. e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to all states with no permissible derogations. Colombia v Perú ICJ6, recognising custom as a source of international law, belgium v Spain ICJ1, only the state where a corporation is incorporated has standing to bring an action for damages for economic loss. Where there are disputes about the meaning and application of national laws. The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties in their context, what the writers intended when they wrote the text. A third approach, which bases itself on interpretation in the light of its object and purpose, i. e. the interpretation that best suits the goal of the treaty and these are general rules of interpretation, specific rules might exist in specific areas of international law. Greece v United Kingdom ICJ1, ICJ had no jurisdiction to hear a dispute between the UK government and a private Greek businessman under the terms of a treaty
