ENGLISH LEGAL HISTORY Essay Example | Topics and Well Written Essays - 3000 words

ENGLISH LEGAL HISTORY - Essay Example Such a long experience of many generations has given this system the depth no legal systems in the world can match. The process of going through ages of human civilization has evolved this system in such a way that it not only meets the legal standards of practicability but also the human side of it. British legal system is consistent with the thinking of its citizens. Traditions and conventions are at the heart of it making the law and the folk wisdom compatible with each other. This traditional approach has given rise to certain inherent principles of British legal system e.g. the doctrine of rule of law, independence of judiciary and habeas corpus. These principles –just like the legal system itself- have evolved over a period of centuries and form the basis of British system of Justice. The fact that most of the modern day world has also benefited from the British common law principles, make these traditional laws a sound base for many universally accepted rules now. In the below discussion we will look at some of these principles in detail. We will highlight their evolution, their importance in the development of legal system and their implications in the modern age. We will also see how the tradition side of these rules still reflects itself in the developed laws. Habeas Corpus is a Latin word which means ‘you shall have the body’. In legal sense it represents a method through which any person can claim relief against unlawful attest or detention from any other person or even the legal system itself. In other words, it is a system through which the court can order to bring a detained person so that it may be ascertained whether he was detained lawfully or not. The petition of Habeas Corpus can be brought by the person himself or if he is unable to seek such remedy because of being in detention, then by any other person. Habeas Corpus is originally an English concept which originated in the early

Land law Outline Example | Topics and Well Written Essays - 750 words

Land law - Outline Example (b). Gill find herself in a situation where there are people claiming to have interest on the land she has just acquired from Selina Morton. These parties claim differently and their rights if any are subject to this discussion. As for Collins Jones, he claims that he has exclusive right over a barn that in the land that was sold to Gill. He claims that an assignment in his favour was made by one Mona Siddique who alleged to have acquired a lease to use the barn from Selina Moron for a period of 25 years. It is this lease that was assigned to Colin Jones. This being a lease of more than 7 years, it ought to be registered for it to be effective from the official copy of register, there is an entry of a registered lease up to the year 2035. However, an alleged assignment of the lease by the initial lessee to Collins was not registered. This is contrary to law and is therefore unenforceable by Collins against Gill. Collins has no right as the assignee for want of registration of assignment instrument. However, Mona has a right to claim under the lease and occupy the barn. This means that Gill will have to occupy subject to the rights of Mona created under the lease agreement (Land Registration Act 2002). As for Harold, he claims that he has passed through the land transferred to Gill as short cut to his hives for fifty years. Harold is therefore claiming a right of way. A right of way is an easement which ought to satisfy all the elements of a valid easement for it to be recognised. First, there must be a dominant tenement and a servient tenement. This means that there must be someone using this land and the land that is being used. Secondly, the person using the land of another must have been allowed to use it by the owner. Thirdly, the owners of the two parcels of land (dominant tenement and Servient tenement must be