scholarly journals Bibliometric Study in the Heartland: Comparative and Electronic Citation Practices of the Indiana, Kentucky, Michigan and Ohio Supreme Courts (1994–2004)

2007 ◽  
Vol 7 (3) ◽  
pp. 207-221 ◽  
Author(s):  
Dragomir Cosanici
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
The State ◽  
Bibliometric Study ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
Secondary Sources ◽  
The Common ◽  
Citation Practices

AbstractThis study by Dragomir Cosanici provides a bibliometric, comparative study of the citation practices of the state supreme courts in the common law jurisdictions of Indiana, Kentucky, Michigan and Ohio, USA during a recent ten-year span (1994–2004). It focuses on the type of legal materials most frequently cited as authority, examining the importance of both primary and secondary sources. It specifically analyses the growing usage of electronic citations by the four supreme courts.

The Law of Contract

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Common Law ◽  
World Market ◽  
Contract Law ◽  
The State ◽  
Legal Certainty ◽  
Philosophical Foundations ◽  
The Common ◽  
The Law

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.

scholarly journals The publication of judicial decisions as a reason for convincing precedent

1970 ◽  
pp. 195-199
Author(s):  
Roman Sabodash
Keyword(s):  
Common Law ◽  
Civil Law ◽  
General Idea ◽  
Court Decisions ◽  
Supreme Courts ◽  
State Register ◽  
Pros And Cons ◽  
Legal Position ◽  
The Common ◽  
The Right

The paper shows how the publication of court decisions influenced the formation of a precedent. The author reviewed scientific works devoted to research the precedent in common and continental law. The research explains that the formation of precedent in England was accompanied by development of the judgment’s reviews and their prevalence among lawyers. Of course, publication of court decisions was not a major factor in setting a precedent, but it played a significant role in this. The paper also describes facts of the publication of court decisions in Italy, Germany, France and the Netherlands, as well as the admissibility of their citations at the court of cassation. The general idea of the paper is that convincing precedent exists and is used although the countries of continental law do not have a «classic» precedent. The paper gives a review of the importance of the state register of court decisions for setting a convincing precedent in Ukraine. The author analyzes the pros and cons of citing court decisions. It’s stated that, unfortunately, the quotations of court decisions is not always correct and sometimes amounts to rewriting the «right» legal position without comparing the circumstances of the case. The article concludes that the practice of applying a convincing precedent in Ukraine is only emerging and needs further improvement.          It has been found out that the publication of judgments of supreme courts is one of the factors that helped to establish precedent in common law countries. The publication of court rulings also created the conditions for a convincing precedent in civil law countries (especially in private law). At the same time, the formation of a “convincing precedent» in countries where court decisions are published in publicly available electronic court registers is much faster than in common law countries. Of course, the structure and the significance of the precedent in the common law and civil law countries are different, but one cannot dismiss that publication of court decisions as one of the factors for establishing the precedent.

scholarly journals THE PROBLEM OF THE NON-JUSTICIABILITY OF RELIGIOUS DEFAMATIONS

2015 ◽  
Vol 27 ◽  
pp. 241-257 ◽  
Author(s):  
Peter Smith
Keyword(s):  
Catholic Church ◽  
Common Law ◽  
The State ◽  
Modern Times ◽  
Civil Case ◽  
Magna Carta ◽  
The Common ◽  
English Law

English law has long held the principle that religions should be free from interference by the state in certain matters. The original 1215 edition of the Magna Carta proclaimed, as its first article, ‘THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired.’This article was intended to protect the established Catholic Church from the powers of the state, specifically from interference in church elections by the executive in the form of the person of the monarch. The notion that religions were institutions with practices and beliefs that were outside the control of the state in certain respects was adopted by the common law and is found in modern times in the principle of non-justiciability on the matter of religion in certain types of civil case. 

Open Judiciary Worldwide

2020 ◽  
pp. 1207-1221
Author(s):  
Carlos E. Jiménez-Gómez
Keyword(s):  
Exploratory Study ◽  
Success Factors ◽  
State Of The Art ◽  
Common Law ◽  
The State ◽  
Preliminary Results ◽  
Critical Success ◽  
Learning Practices ◽  
The Common ◽  
Research Questions

Despite its origins, openness in the judiciary has expanded beyond transparency and, therefore, beyond the common law open justice principle. Several initiatives worldwide are echoing this trend and a new term, open judiciary, is arising as a way to address openness in the justice field. This chapter gives an overview of open judiciary initiatives worldwide, focusing on some of the most successful, in order to identify drivers of adoption, critical success factors, and preliminary results. The research is embedded in a broader exploratory study on the state of the art of open judiciary. The chapter is addressed to answer two of the research questions: What are some learning practices that can be identified worldwide in relation to openness in the judiciary? What are some of the most important lessons that can be learnt from these practices?

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

The Development of the High Court's Willingness to Overrule Common Law Precedent

2017 ◽  
Vol 45 (2) ◽  
pp. 291-314
Author(s):  
Sonali Walpola
Keyword(s):  
National Identity ◽  
Common Law ◽  
Detailed Account ◽  
State Supreme Courts ◽  
Privy Council ◽  
Supreme Courts ◽  
High Court ◽  
House Of Lords ◽  
The 1960S ◽  
Economic Ties

In its first 60 years the High Court showed a complete deference to English precedent, and did not of itself initiate changes to common law doctrines. The High Court took its first steps towards autonomy in common law matters only in the 1960s when it abandoned its policy of following decisions of the House of Lords, thereby ending the practice of automatically incorporating English common law developments into Australian law. It is shown that the Court acquired a willingness to overturn ‘recent’ common law rules (those of 20th century origin) after the abolition of appeals from the High Court to the Privy Council in the 1970s. The elimination of appeals from State Supreme Courts to the Privy Council in the 1980s led to a further broadening of the range of doctrines the Court was prepared to reconsider. Notably, since the 1990s, the Court has shown its willingness, in compelling circumstances, to overrule ancient common law doctrines acquired before Federation. This paper gives a detailed account of the emergence and expansion of the High Court's willingness to overrule common law precedent. It reveals how the High Court's autonomy in common law matters was developed in distinct stages that are linked to Australia's changing legal, political and socio-economic ties with Britain, and its growing sense of an independent national identity.

scholarly journals Comparative Study of Civil Procedure in Common Law and Civil Law Systems

2016 ◽  
Vol 9 (5) ◽  
pp. 267
Author(s):  
Nader Ghanbari ◽  
Hassan Mohseni ◽  
Dawood Nassiran
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
Judicial System ◽  
Specific Method ◽  
Legal Systems ◽  
Separate Branch ◽  
The Common ◽  
The Comparative Study

Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.

scholarly journals Piercing the Corporate Veil and Ambiguities in the Iranian Legal System: A Comparative Study with California Law

2020 ◽  
Vol 13 (2) ◽  
pp. 209
Author(s):  
Ahmad Torabi
Keyword(s):  
Comparative Study ◽  
Legal System ◽  
Common Law ◽  
Law System ◽  
Iranian Law ◽  
System A ◽  
Commercial Code ◽  
Legal Challenges ◽  
The Common ◽  
Piercing The Corporate Veil

This paper focuses on the situation of doctrine of “piercing the corporate veil” in the current Iranian legal system especially in the Iranian Commercial Code and in the Iranian Civil Code. The author discusses the ambiguities and legal challenges which arise, directly or indirectly, from implementation of these challenges. There is also a comparative study of the doctrine with the common law system. The paper aims to highlight the defects of this doctrine in the Iranian law system and provides suggestions to improve it.

Sign in / Sign up

Export Citation Format

Share Document