Glasgow, United Kingdom

Common Law / Gaelic

Bachelor's
Language: EnglishStudies in English
Subject area: law
Qualification: LLB
Kind of studies: full-time studies
Bachelor of Laws (LLB)
University website: www.gla.ac.uk
Common Law
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions are explained later in this article). 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.
Gaelic
Gaelic is an adjective that means "pertaining to the Gaels". As a noun, it may refer to the group of languages spoken by the Gaels, or to any one of the languages individually. In particular, the different Celtic languages spoken in both Ireland and Scotland are very often referred to just as "Gaelic", which can cause confusion.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. 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, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Law
Before I be convict by course of law,
To threaten me with death is most unlawful.
William Shakespeare, Richard III (c. 1591), Act I, scene 4, line 192.
Law
True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrong-doing by its prohibitions. And it does not lay its commands or prohibitions upon good men in vain, though neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to attempt to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly considered punishment.
Marcus Tullius Cicero, De Re Publica (The Republic), book 3, paragraph 22; in De Re Publica, De Legibus, trans. Clinton W. Keyes (1943), p. 211.
Law
In the corrupted currents of this world,
Offence's gilded hand may shove by justice;
And oft 'tis seen the wicked prize itself
Buys out the law: but 'tis not so above;
There is no shuffling, there the action lies
In his true nature; and we ourselves compell'd,
Even to the teeth and forehead of our faults,
To give in evidence.
William Shakespeare, Hamlet (1600-02), Act III, scene 3, line 57.
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