Legal Foundations

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Court Jurisdiction Types Explained (US)

An important foundational issue in the law is the question of jurisdiction Jurisdiction is about a court’s power to hear a case. Questions and doctrines related to jurisdiction are especially developed in the United States where there are a host of rules in this respect. This will therefore be the focus of this lesson. Subject …

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Classification of Law: Public vs Private Law, Criminal vs Civil Law

We discuss elsewhere the nature and characteristics of law, as well as the sources of law, we are now ready to familiarize ourselves with different branches within the law. Public Law and Private Law On a very fundamental level, law can be divided into public law and private law. Public law is concerned with matters …

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Sources of Law: Positive Laws, Common Law, and Statutory Interpretation

There are two basic sources of law: Positive law and common law. We will look at both in turn, starting with positive law or positive laws. Positive Laws Historically, the term ‘positive law’ was meant to distinguish human-made laws – positive laws – from “natural laws”. One of the scholars that argued in favour of …

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Sources of Contract Law and Formal Requirements

Sources of Contract Law There are various ‘sources’ of contract law, that is places where we can find the bases for legal principles governing contracts. In the United States and the United Kingdom (and, indeed, any other common law jurisdictions or countries) contract law is mainly governed by common law, that is case law made …

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Definition of Contract

Definition of Contract – Basic Concepts of Contract Law

We will provide a definition of contracts by explaining a few fundamental principles of contract law. What is a contract? Let’s start with simply defining the subject: What is a contract? Essentially, a contract is an enforceable promise. At least in the Anglo-American contract law tradition, a contract needs “consideration” in order to make a …

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