Apex Courts and the Common Law

Apex Courts and the Common Law
Author: Paul Daly
Publisher: University of Toronto Press
Total Pages: 423
Release: 2019-04-08
Genre: Law
ISBN: 148753017X

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For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law – such as political science, history, and sociology – who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.

The Common Law Tradition

The Common Law Tradition
Author: Karl N. Llewellyn
Publisher: Quid Pro Books
Total Pages: 554
Release: 2016-05-21
Genre: Law
ISBN: 1610273001

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Precedent and Law

Precedent and Law
Author: Julius Stone
Publisher: Butterworth-Heinemann
Total Pages: 320
Release: 1985
Genre: Law
ISBN:

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An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England

An Analytical Digest of the Law and Practice of the Courts of Common Law, Divorce, Probate, Admiralty and Bankruptcy, and of the High Court of Justice and the Court of Appeal of England
Author: Ephraim Arnold Jacob
Publisher:
Total Pages: 778
Release: 1881
Genre: Law reports, digests, etc
ISBN:

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Extending Rights' Reach

Extending Rights' Reach
Author: Jud Mathews
Publisher: Oxford University Press
Total Pages: 265
Release: 2018-03-13
Genre: Law
ISBN: 0190682930

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Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

An Analysis of the English Common Law, Principles of Equity and their Application in a former British Colony, Cyprus

An Analysis of the English Common Law, Principles of Equity and their Application in a former British Colony, Cyprus
Author: Georghios M. Pikis
Publisher: BRILL
Total Pages: 131
Release: 2016-09-27
Genre: Law
ISBN: 9004313737

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This book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.

Cases on Pleading at Common Law

Cases on Pleading at Common Law
Author: Walter Wheeler Cook
Publisher:
Total Pages: 250
Release: 1920
Genre: Pleading
ISBN:

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