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Common law

About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.


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Book
01 Jan 1985
TL;DR: Hearay admissible by statute in criminal proceedings (other than confessions) as mentioned in this paper has been shown to be admissible at common law, but not in civil proceedings, where the burden and standard of proof are different.
Abstract: 1. Introduction 2. Preliminaries 3. The burden and standard of proof 4. Witnesses 5. Examination-in-Chief 6. Cross-examination and re-examination 7. Corroboration and care warnings 8. Documentary and real evidence 9. Hearsay: The rule of exclusion 10. Hearsay admissible at common law 11. Hearsay admissible by statute in civil proceedings 12. Hearsay admissible by statute in criminal proceedings (other than confessions) 13. Confessions 14. Statutory influences from an accused's silence or conduct 15. Evidence of character 16. Similar fact evidence 17. Opinion evidence 18. Public policy 19. Privilege 20. Estoppel 21. Judgments as evidence of the facts upon which they were based 22. Proof of facts without evidence Index

61 citations

Journal ArticleDOI
TL;DR: In this paper, the authors examine the model and conclude that a property rights approach would be unlikely to improve matters; indeed, it would tend to encourage the market in personal data rather than constraining it, and explore the possibility that tort law might support a workable approach to data privacy.
Abstract: From most objective standpoints, protecting information privacy though industry self-regulation is an abject failure. The current political climate has been hostile to proposals for meaningful privacy regulation. Privacy advocates have been casting around for some third alternative and a number of them have fastened on the idea that data privacy can be cast as a property right. People should own information about themselves, and, as owners of property, should be entitled to control what is done with it. The essay explores that proposal. I review the recent enthusiasm for protecting data privacy as if it were property, and identify some of the reasons for its appeal. I examine the model and conclude that a property rights approach would be unlikely to improve matters; indeed, it would tend to encourage the market in personal data rather than constraining it. After critiquing the property model, I search for a different paradigm, and explore the possibility that tort law might support a workable approach to data privacy. Current law does not provide a tort remedy for invasion of data privacy, but there are a number of different strands in tort jurisprudence that might be extended to encompass one. In particular, a rubric based loosely on breach of confidence might persuade courts to recognize at least limited data privacy rights. I conclude, however, that while the tort solution is preferable to a property rights approach, it is likely to offer only modest protection. Common law remedies are by their nature incremental, and achieving widespread adoption of novel common law causes of action is inevitably a slow process. Even established common law remedies, moreover, are vulnerable to statutory preemption. Although a rash of state tort law decisions protecting data privacy might supply the most compelling impetus to federal regulation we are likely to achieve, the resulting protection scheme is unlikely to satisfy those of us who believe that data privacy is worth protecting.

61 citations

Book
01 Jan 1992
TL;DR: In this article, the authors discuss the legal encounter in British East and Centra Africa, M. Chanook the development of the dual legal system in former Belgian Central Africa, F. Reyntjens jurisdiction as politics - the Gold Coast during the Colonial period, J.-L. Simensen legal developments in the Maghrib, 1830-1930, J. Fisch.
Abstract: The law market - the legal encounter in British East and Centra Africa, M. Chanook the development of the dual legal system in former Belgian Central Africa, F. Reyntjens jurisdiction as politics - the Gold Coast during the Colonial period, J. Simensen legal developments in the Maghrib, 1830-1930, J.-L. Miege the impact of European law on the Ottoman Empire and Turkey, E. Orucu European law and tradition in Japan during the Meiji era, 1868-1912, E. Seizelet the treaty system and European law in China, P.H. Ch'en colonial dilemma - Van Vollenhoven and the struggle between Adat law and Western law in Indonesia, C. Fasseur the Indian and British law machines - remarks on law and society in British India, D.H.A Kolff the "popularity" of the imperial courts of law - three views of the Anglo-Indian legal encounter, P. Price wives, widows and workers - women and the law in the Anglo-Indian legal ecounter, D. Engels symbiosis of indigenous and Western law in Africa and Asia - an essay in legal pluralism, F. von Benda-Beckmann law as a means and law an an end - some remarks on the function of the European and non-European law in the process of European expansion, J. Fisch.

61 citations

Book
01 Jan 2000
TL;DR: In this article, Islam and Islamic culture in the courts of the United States References Index (http://www.reference index.org/index.html) is discussed, with a focus on equity and discretion in Islamic law and the logic of consequence.
Abstract: Introduction PART ONE: THE SOCIO-LOGIC OF ISLAMIC LEGAL REASONING 1 Equity and discretion in Islamic law 2 Islamic case-law and the logic of consequence 3 Islamic law as common law: Power, culture, and the reconfiguration of legal taxonomies 4 Responsibility and compensatory justice in Arab culture and law PART TWO: IN AND OUT OF COURT 5 From courtroom to courtyard: Law and custom in popular legal culture 6 On the docket: Changing conventions in a Muslim court, 1965-1995 7 Local justice: A day in an alternative court 8 Who do you trust? Structuring confidence in Arab law and society PART THREE: JUSTICE PAST AND PRESENT 9 Islamic concepts of justice and injustice 10 Muhammad's sociological jurisprudence 11 Private thoughts, public utterances: Law, privacy, and the consequences for community 12 Islam and Islamic culture in the courts of the United States References Index

61 citations

Book
28 Aug 2011
TL;DR: In this article, the authors review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial and argue that carefully conducted empirical research could provide important information to the courts.
Abstract: The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.

61 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202358
2022195
2021460
2020774
2019920
2018981