The right of ownership regulates ownership and possession. Real estate, sometimes referred to as “real estate,” refers to the ownership of land and related things. [215] Personal property refers to everything else; movable property such as computers, cars, jewellery or intangible rights such as shares and shares. A real right is a right to a specific piece of land, as opposed to an in personam right, which compensates for a loss, but not a specific thing in return. Land law forms the basis of most types of property rights and is the most complex. It concerns mortgages, leases, licences, agreements, easements and legal land registration systems. Regulations governing the use of personal property are governed by intellectual property, corporate, trust and commercial law. An example of a fundamental case of most property rights is Armory v Delamirie [1722]. [216] A chimney sweep`s boy found a piece of jewellery strewn with precious stones. He took it to a goldsmith to have it evaluated.
The apprentice goldsmith looked at him, secretly removed the stones, told the boy that he was worth three half pennies and that he would buy it. The boy said he would remove the jewel, so the apprentice gave it to him, but without the stones. The boy sued the goldsmith for his apprentice`s attempt to deceive him. Lord Chief Justice Pratt ruled that although it cannot be said that the boy possessed the jewel, he should be considered a custodian of the discovery until the original owner is found. In fact, both the apprentice and the boy had the right to own the jewel (a technical concept meaning that something could belong to someone), but the boy`s interest in possession was considered better because it could be shown that he was first in time. Possession may be nine-tenths of the law, but not all. A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. Religious law is explicitly based on religious commandments. Examples include Jewish halacha and Islamic Sharia – both of which translate to “way forward” – while Christian canon law also survives in some religious congregations. Often the implication of religion for law is immutable, because the Word of God cannot be changed or laws made by judges or governments.
[105] However, a complete and detailed legal system generally requires human elaboration. For example, the Qur`an has a certain law, and it acts as a source for other laws by interpretation,[106] Qiyas (reasoning by analogy), Ijma (consensus) and precedent. This is mainly contained in a set of laws and regulations known as Sharia or fiqh. Another example is the Torah or the Old Testament in the Pentateuch or the five books of Moses. It contains the basic code of Jewish law used by some Israeli communities. Halakha is a code of Jewish law that summarizes some of the interpretations of the Talmud. Nevertheless, Israeli law only allows litigants to enforce religious laws if they wish. Canon law is used only by members of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion. In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book “Queen Rechtstheorie”. [51] Kelsen believed that although the law is distinct from morality, it is endowed with “normativity,” meaning that we should obey it.
While laws are positive statements (for example, the fine for reversing on a motorway is €500); The law tells us what we “should” do. Thus, it can be assumed that every legal system has a basic norm that commands us to obey. Kelsen`s main opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. [52] Schmitt therefore advocated jurisprudence on the exception (state of emergency), which denied that legal norms could encompass all political experience. [53] A written and verbatim record of what was said, either in a proceeding such as a trial or in another formal conversation, such as a hearing or oral testimony in Latin, that is, in a judge`s chambers. Often means outside the presence of a jury and the public. In private. Latin, which means “you have the body”. A writ of habeas corpus is usually a court order that requires law enforcement to produce a detainee they are holding and to justify the detainee`s continued detention.
Federal judges receive habeas corpus petitions from state prison inmates who claim their prosecutor`s office violated state-protected rights in some way. French, which means “on the bench”. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. The etymology of bureaucracy is derived from the French word for office (office) and the ancient Greek word for word power (kratos). [147] Like the military and police, government officials and the organs of a legal system that make up its bureaucracy carry out decrees. One of the earliest references to the concept comes from Baron de Grimm, a German writer who lived in France. In 1765 he wrote: A court decision in an earlier case with facts and questions of law resembling a dispute now pending before a court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Latin, which means “of one`s own will”.
Often designates a court acting in a case without either party asking for it. The Old Testament dates back to 1280 BC. AD and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, Ancient Athens, dating back to the 8th century BC was the first society based on a broad inclusion of its citizens, excluding women and the slave class. Athens, however, had no jurisprudence or a single word for “law,”[60] but rather relied on the threefold distinction between divine law (themis), human decree (nomos), and custom (díkē). [61] However, ancient Greek law contained important constitutional innovations in the development of democracy. [62] The legal authority of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e.
the geographical area over which the court has territorial jurisdiction to rule on cases. Latin, which means “new”. A de novo study is a completely new study. The de novo review of the appeal does not imply any consideration for the trial judge`s decision. The main examples of legislatures are the Houses of Parliament in London, the Congress in Washington D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the National Assembly in Paris. According to the principle of representative government, people elect politicians to implement their wishes. Although countries like Israel, Greece, Sweden and China are unicameral, most countries are bicameral, meaning they have two separately appointed legislative chambers. [137] Latin, meaning “in law.” Something that exists by law. Latin, which means “for the court”. In appellate courts, it often refers to an unsigned opinion.
