Name: Tutor: Course: Date: Answer 13). A Common law legal system refers to an existing legal system that gives precedence to common law that is law that was developed from the verdict of judges or similar tribunals. The primary source of the common law was the verdict passed by judges in prior cases. If a similar case was addressed in the past, prior to judgment, the reasoning of that case is used. Courts play a vital role in this because, the decisions they make creates a law by precedence.
This is due to the diversity of cases that exist. 14). The elements of law refer to the necessary set of facts that must be available in order for a legal case to be heard. These elements vary depending on the type of law.
For instance, Contract law has various elements such as an offer, an acceptance, a legal purpose and a consideration. However, in criminal law, the elements are mens rea (intent), actus rea (conduct), and the act itself. 15). The bill of rights was intentionally made to limit the powers of the government. The freedoms listed in the bill ensured that citizens would ratify the constitution since they needed to know their rights. Provisions of the “Bill of Rights” that have not been incorporated into the “Due Process Clause” of the 14th Amendment are freedom of speech and freedom of religion. 16).
For an idea to pass to code, it is first drafted by the congressional representatives. The idea is then tabled at the House of Representatives where it is read. It undergoes two more hearing sessions where it is thoroughly debated and sent to the second chamber.
Once amended appropriately, it is passed to the governor and or the president for accent. 17). Commonly referred to as the copyright clause, it protects the rights of ideas, discoveries and writings exclusively. Some of them are to set up commercial trade among the many states and with foreign countries.
This attributes to economic growth of the country. Ascertaining there is a navy and overseeing the conducts both navy and armed forces are also areas covered by the clause. Execution of the Union laws by the armed forces is also done by the clause. These provisions ensure the country is protected. 18) The functions of a legal system include conflict resolution among citizens and institutions.
This is fundamental in ensuring peace. The legislative function is to determine how those laws passed by legislature. The final function is the executive, which makes sure adjudication is done.