Common Law Essays

Lay People and Their Role as Magistrates and Jurors
Example essay. Last modified: 21st Sep 2021
Introduction: The term ‘lay people’ is used to describe the use of ordinary, non-qualified people in the legal system. It is believed that by using ordinary people in courts it makes the system fairer....

Distinctions between Common Law and Civil Law
Example essay. Last modified: 1st Sep 2021
Introduction: The aim of this essay is to look at the basic distinctions between common law and civil law and also common law and equity. This essay will firstly look at the historical context of civil and common law and then contrast distinctions between the two....

The Doctrine of Res Gestae
Example essay. Last modified: 31st Aug 2021
Introduction: The aim of this paper is to investigate the manner in which the res gestae doctrine has been characterised under Common Law, and to trace its development as an exception to the exclusionary hearsay rule....

Criteria for Raising a Civil Action in Negligence in Common Law
Example essay. Last modified: 28th Apr 2021
Introduction: To understand the law surrounding negligence we must first look at the foundation of modern-day laws surrounding negligence at common law, these are derived from the case of Donoghue V Stevenson....

Customs Are Embodied Through Case Law and Act As Precedence
Example essay. Last modified: 3rd Dec 2020
Introduction: Common law is a body of law which is based on general principles and customs; this customs are embodied through ca......

Common Law Is Case Law Made by Judges
Example essay. Last modified: 3rd Dec 2020
Introduction: Common law is case law made by Judges which establishes legal precedents arising from disputes between one person and another [1]. It differs from ......

Common Law Tradition Criminal Justice
Example essay. Last modified: 3rd Dec 2020
Introduction: ......

Law Involves Dealing With Words
Example essay. Last modified: 23rd Nov 2020
Introduction: ......

The Nature and Purpose of Equity
Example essay. Last modified: 23rd Nov 2020
Introduction: The term “equity” is in a general sense, associated with notions of fairness, morality and justice. It is an ethical jurisdiction....

Rule of Law
Example essay. Last modified: 18th Nov 2019
Introduction: ......

The Committee on Homosexual Offences and Prostitution
Example essay. Last modified: 20th Aug 2019
Introduction: STUDENT ID: 10000628 This essay is centred on the critique written by Lord Patrick Delvin in response to THE Report of the Committee on Homosexual ......

The Defence of Provocation
Example essay. Last modified: 20th Aug 2019
Introduction: Analyse the defence of provocation, with special consideration given to the changes provided by the case of R v Smith (Morgan) [2000] 4 All ER 289...

A Fraud is an Intentional Deception
Example essay. Last modified: 20th Aug 2019
Introduction: A fraud is an intentional deception made for personal gain or to damage another individual. The specific legal definition varies by legal jurisdiction....

Types of Defamation
Example essay. Last modified: 20th Aug 2019
Introduction: The Malaysian Defamation Act 1957 does not define defamation. The matter is governed by common law. The common law recognized two forms of defamation that is libel and slander....

Equitable Remedies in Common Law, an Analysis
Example essay. Last modified: 20th Aug 2019
Introduction: This will be aimed at whether the remedies afforded under equity are more reliable and fairer than that under the common law....

Provocation is a Common Law
Example essay. Last modified: 20th Aug 2019
Introduction: Provocation is a common law and a partial defence to a charge of murder. Provoked killings have long been thought to be less serious than unprovoked killings....

Common Law is Developed by Judges
Example essay. Last modified: 19th Aug 2019
Introduction: Common law is developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statues or executive branch action....

The Concept of Deterrence
Example essay. Last modified: 19th Aug 2019
Introduction: The Concept Of Deterrence Is Fundamental To The Success Of A System Of Regulatory Sanctions, But Ensuring Optimal Deterrence Is Very Difficult....

The Communal Violence
Example essay. Last modified: 16th Aug 2019
Introduction: Communal violence threatens the secular fabric, unity, integrity and internal security of a nation. With a view to empowering the State Governments and the Central Government to take effective...

Common Law Reasoning and Institutions
Example essay. Last modified: 16th Aug 2019
Introduction: This is the Court of Chancery… which gives to monied might the means abundantly of wearying out the right; which so exhausts finances, patience, courage, hope; so overthrows the brain and breaks the heart; that there is not an honorable man among its practitioners...

The Approach of the Common Law
Example essay. Last modified: 15th Aug 2019
Introduction: Until recently, there was no relief available for the employee who suffered psychiatric injury arising from work-related stress. If no physical damage was found, the courts would not allow the claim to proceed....

The Principle of Separability
Example essay. Last modified: 12th Aug 2019
Introduction: Ever since Heyman v Darwins Ltd the English common law has been evolving towards a recognition that an arbitration clause is a separate contract which survives the destruction (or other termination) of the main contract....

Proper Investigation is Fare Judgement
Example essay. Last modified: 12th Aug 2019
Introduction: Mankind has shifted from the state of nature towards a civilized society.. award of punishment following conviction at a trial in a system ......

Common Law on Rape
Example essay. Last modified: 12th Aug 2019
Introduction: I will start this essay by stating that it is relatively difficult to disagree with the statement in the question that until recently the development of the common law...

Defence of Provocation Can Be Used to Reduce the Sentence
Example essay. Last modified: 12th Aug 2019
Introduction: My lord, the defence of provocation can be used to reduce the sentence of murder to the still serious offence of manslaughter......