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Appunti Philosophy of Law
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- Legal English as a Lingua Franca: Discusses English's global prominence in law, business, and international relations, detailing its historical context and role in Common Law systems, spread globally via colonization.
- Sources of Law: Distinguishes between Statute Law (parliament-enacted, written) and Common Law (court-elaborated, unwritten, historical), highlighting their differing roles in the UK/USA versus continental Roman Civil Law systems.
- Judicial Precedent and Decisions: Explains "ratio decidendi" (binding principle) and "obiter dictum" (non-binding remarks), detailing the binding force of Supreme Court decisions on lower courts.
- UK Court System: Outlines the British court hierarchy: Magistrate Courts, County Courts, High Court of Justice (Queen's Bench, Family, Chancery), Court of Appeal, and the Supreme Court, noting its structure and case load.
- US Court System: Describes the dual federal and state court systems in the U.S., detailing their three-tiered structures (trial, appellate, supreme). It explains how federal law issues can escalate and outlines the jurisdiction and structure of the U.S. Supreme Court and lower federal courts.
- Landmark Civil Rights Cases: Examines "Plessy v. Ferguson" (1896), which established "separate but equal," and "Brown v. Board of Education" (1954), which overturned Plessy in public education, demonstrating judicial evolution on civil rights and racial segregation.
- Elements of a Case: Defines components such as caption, type of action, procedural/substantive issues, statement of facts, holdings, and the rationale and result of judicial decisions.
- Contract Law Fundamentals: Provides a detailed overview of contract essentials, including definitions for:
- Covenant: A binding agreement or promise.
- Offer & Acceptance: Proposal with intent to create legal relations and unconditional agreement, forming a contract.
- Consideration: Something of value exchanged between parties ("quid pro quo").
- Comfort Letters: Non-contractual documents backing an agreement.
- Confidentiality Agreement (NDA): Binding contract to protect shared information.
- Subject to Contract/Without Prejudice: Terms defining the legal status of negotiation communications.
- Exclusion/Exemption Clauses: Contract terms limiting or excluding liability.
- Liability: Legal obligation for a wrong or breach, including joint and several.
- Breach of Contract: Failure to fulfill contract terms, potentially leading to damages.
- Injunction: A court order to stop a specific action.
- Arbitration: Dispute resolution via an independent third party.