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What is “Law”?
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|It is possible to describe law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the rganiza of its members, so Law is a formal mechanism of social control. |
Legal systems are particular ways of establishing and maintaining social order.
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, and equality amongst themselves.
The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs. Before the Greeks most civilizations attributed their laws to their gods or goddesses. Instead, the Greeks believed that laws were made by the people for the people.
In the seventh century B.C., Draco* drew up Greece’s first written code of laws. Under Draco’s code death was the punishment for most offenses. Thus, the term draconian usually applies to extremely harsh measures.
Several decades passed before Solon — poet, military hero, and ultimately Athens’ lawgiver — devised a new code of laws. Trial by jury, an ancient Greek tradition was retained, but enslaving debtors was prohibited as were most of the harsh punishments of Draco’s code. Under Solon’s law citizens of Athens were eligible to serve in the assembly and courts were established in which they could appeal government decisions.
What the Greeks may have contributed to the Romans was the concept of ‘natural law’. In essence, natural law was based on the belief that certain basic principles are above the laws of a nation. These principles arise from the nature of people. The concept of natural law and the development of the first true legal system had a profound effect on the modern world.
3, Equity is the name given to a set of legal principles, in jurisdictions following the English common law tradition. Equity supplements strict rules of law and allow courts to use discretion and apply justice in accordance with natural law.
The common law is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable.
The principles of equity are part of U.S. common law. The common law has adopted and given effect to the equitable principle.
Common Law is made by Judges, it was an English principle that when there is no authoritative statement of the law the Courts have the authority and duty to make law through the creation of “Precedent” which is then binding on future decisions within the same jurisdiction.
Statutory Law is made by Executive or Legislative powers, be it a Royal Decree or through the action of an Elected Legislature.
The Napoleonic Code was a set of Statutory Laws decreed by Napoleon Bonaparte on with the goal of establishing clear and understandable laws which would be readily accessible to the ordinary citizens. It was based on various older sources, most notably the “Corpus Juris Civilis”.
The Napoleonic code deals with the law as written, not the law as is practiced or believed in society.
So, Napoleonic Law is codified. That is the law is laid down and cannot be change unless another law replaces it or refined it.
Common law is a living breathing thing that evolves as time passes. Yes, a law can alter or change it, but between passing and any amendment it grows, evolves and changes.
There is a bewildering array of areas of legal practice and each one has a variety of qualification routes.
As the legal system in each country is different, a qualification in law will only permit you to practice in the country in which you qualified.
Any legal career will involve hard work, organization, precision and attention to detail, all carried out under pressure.
2, There are many options over and above the familiar high street Solicitor. The term ‘lawyer’ refers to someone qualified and experienced in the law and is not limited to Solicitors.
To become a lawyer or a solicitor requires study at law school, but not necessarily at a university. University undergraduates who want to study at law school afterwards do not need to pass all the regular theoretical exams. Education at law school is very related to practice
Some lawyers specialise and are qualified in particular areas of law, such as Legal Executives and Licensed Conveyancers.
There are also more niche areas of legal practice, including Costs Lawyers, Notaries, Patent Attorneys and Trade Mark Attorneys.
UK and USA have split legal profession system rather than a fused legal professions systems. The split system divides profession in two different categories; Barrister and Solicitor. Both professions have their own governing bodies.
Barristers and solicitors
Solicitors tend to work together with others in private practice and are generally the first port of call for those seeking legal advice. Solicitors are also employed in government departments and commercial businesses. The Law Society is the professional body representing solicitors.
Barristers, on the other hand, do not generally deal with the public directly, but take their instructions from a solicitor representing the client. Barristers then represent the client at court and present their case. The Bar Council is the professional body representing barristers.
The English legal system requires judges, except for the honorary Justices of the peace at magistrates courts, first practise for several years as a barrister or solicitor with a good reputation. County-court judges are appointed by the Crown with the suggestion of Lord Chancellor. They have to practise as barrister for at least seven years before they can be suggested.
Attorney-General and Solicitor-General
The Attorney-General advises the Crown in legal issues and acts as plaintiff for the Crown in very important cases. The Attorney-General is a member of the House of Commons and is usually barrister with high reputation. This is true as well for the solicitor-general, who is the agent of the Attorney-General.
Director of Public Prosecutions
In general the Director of Public Prosecutions gives advise to police and other law enforcement agencies and is not a political civil servant.
5, Provide the examples of frivolous lawsuits
What is a frivolous lawsuit? The phrase may trigger associations with some famous cases, such as the McDonald's spilled coffee case (though that lawsuit was actually not frivolous). Legally speaking, a frivolous lawsuit is one that asserts a legal claim that has no legal merit whatsoever. Because frivolous suits lack merit, they are generally tossed out by courts. But that's not to say frivolous lawsuits don't lead to legal consequences for the party who filed the nonsense suit, along with legal hassles for the intended target
In a frivolous lawsuit, a party (or his lawyer) knows -- or should know -- that the legal claim they're making is baseless, but pursue the lawsuit anyway. Such lawsuits are commonly used to harass or intimidate the target of the suit. Contrary to popular belief, a frivolous lawsuit has nothing to do with the amount of damages a lawsuit asks for, or the amount of damages awarded to a victim. A lawsuit is "frivolous" only if it makes a meritless legal claim.
But the oft-cited "frivolous" case of the woman scalded by McDonald's coffee at a drive-thru window was technically not frivolous. In that case, a jury determined the woman had a legitimate product liability claim when overly hot coffee caused third-degree burns.
Those who file frivolous lawsuits can themselves be slapped with lawsuits seeking compensation for the other party's attorney's fees, or even sanctioned by a court. For example, in a recent case involving a frivolous, a federal appeals court ordered the lawyers who pursued the lawsuit to pay $15,000, plus double costs to the government.
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