Oxford and Cambridge Law different

  Oxford law acceptance

appellate jurisdiction in the criminal courts is determined by the nature of the offence.In the case of a summary offence,Appeals by the defendant against
conviction and/or sentence in the magistrates court are to the crown court.appeals from magistrates'courts are to the high court or divisional court of the queen's
Bench Division if an appeal by the prosecution or defence is by way of case stated on a point of law,appeals from the crown court can also be by way of case stated but only
if the crown court had previously heard the appeal from the magistrates court higher appeals are restricted to those from the high court or 

Oxford and Cambridge LawDifferent

of law of general public importance.in the case of an indictable offence,appeals by the defendant against conviction and or sentence in the crown court are to the
court of appeal criminal division due to an unduly light sentence by the attorney general on a point of law following acquittal although the earlier acquittal will not be
affected or by the home secretary for consideration following conviction,a further appeal to the house of lords by the defence or prosecution is only available on a point
of law of general public importance and with permission

Appellate jurisdiction in the civil courts was substantially revised as a result of the Access to justice act.1999,part IV of that Act seeks to ensure that appeals are


heard by the next most appropriate level of judge,Rather that the next highest court,as was the position before the introduction of the civil procedure rules the lord chancellor
is able by order to vary routes of appeal if he considers it
appropriate;such an order is now in place in the form of the Access to justice Act 1999 Destination of Appeals order 2000 A circuit Judge in the county court is now able to hear


appeals from the small claims track provided that the judge sitting at first instance was a district judge a single high court judge is able to consider civil and criminal
appeals in contempt of court case criminal appeals by way of case stated from magistrates courts and the crown courts
In matters of European Community law,The European court of justice has the authority to overrule any national court,Criminal or civil,Individuals,Groups,Or Organizations
who consider themselves to be victims of a breach of the European convention on human Right and who have Failed to find a remedy in the national courts,May appeal to the court of human
Rights in strasbourg

Donald Trupm Letest News Civil Procedure

Donald Trupm Letest News

Under the Roman Law the history of civil Procedure is divided into three stages
A)Legis Actiones(Actions of Law)
B)Formulary System
C)Extraordinary Procedure

United Civil Procedure

A)Legis Actiones
Legis actiones mean the actions of law.Its main Feature Consisted in extreme Formalities.A Process could only be introduced by uttering certain sacramental forms which
were called the actions of law.The party to the Litigation had to Utter some prescribed formula before the magistrate at the time of presenting the case.They could not
depart or vary from them.If they departed or varied,no Case would lie.According to gaius the legis actiones were five in number,viz.

a.Action Sacramenti,
b.Judicis Postulatio.
c.Condictio.
d.Manus Injectio.
e.pignoris capio

Strictly speaking,the First three were actions proper and the last two were the modes of execution
a.Action Sacramenti:-It was the oldest form of procedure,This Action was of general application for all matters for which no other form was prescribed by law,Thus
it was applicable in claims to property,To recover a wife in manu or a filius familias from a person who wrongfully detained them,To a servitude,and to personal clamis
which resulted in the payment of a definite sum of money or of a particular specific thing.In other Words it was employed for all things for which the law had not given
special action.it was necessary that the object in dispute must be brought into the court,If this was impossible Because the object related to land or a house,some
part of it was produced such as a clod of earth to represent the field itself.the plaintiff holding a wand in one hand,seized the object with through exactly the same

ceremoney.Then The praetor ordered Them to release Their hold on the property,The plaintiff next asked for the defendant's Title and the defendant in reply  asserted his ownership
over the object,whereupon the plaintiff denied the right and challenged the defendant to a bet or stake of a sum of money called sacramentum and the defendant made a like
challenge.After this ceremoney the praetor awarded possession of the object to one of the parties pending the trial and required the person so given possession to give security to
his adversary that if he lost the case he would restore the thing and its profits to him.The case was then referred to the judex or other delegated tribunal for trial.Before

the judex or other Delegated Tribunal Parties were Heard,evidence was adduced and after pleadings in detail,sentence was adduced and after pleadings in detail,Sentence was
pronounced,The Stake or wager of the losing party was forfeited to the state for the benefit of the public worship.The actio sacramenti derived its name from the sacramentum or
sum of money which the parties deposited with the praetor by way of stake or wager

Donald Trupm Obligation and Roman Law

Donald Trupm Obligation

justinian defined an obligation as the vinculum juris legal tie betweeen two or or more persons which binds some or one of them to do or not to do
something for the benefit of the others.the obligation is the bond or chain with which the law enjoins together persons or groups of persons in consequence of some
voluntary acts.it is the law which annexes the obligation which signifies a right as well as a duty.the law of obligation defines right in personam as
distinguished from right in rem.A right in personam is available against a determinate individual or individuals,whereas a right in rem is available against the whole word


Source of Obligation-Under The Roman law the following were the sources of Obligation:-

1 Contact
2 Quasi-Contact
3 Delict.
4 Quasi-Delict.

Contact
A contact is a bilateral convention or agreement; It creates an obligation which is enforceable at law.A Convention is a pact between two or more parties
regarding a matter in which they are interested,a contact is a species of the genus pact.Every Contract is a pact but every pact is not a contact
An Agreement enforceable at all,is called nuda pacta which is unclothed with obligation,

According to Maine The Origin of Roman Contract can be Traced To nexum Which was the earliest form of contract.The nexum,like the mancipatio,was a transaction
per aes et libram.The mancipatio was a sale and the nexum was a money loan.The Parties to the Contract were said to be next. the nexum dates back
to the time when there was no coined money.the lender and borrower met in presence of five Roman citizens above the age of puberty and libripens
holder of the balance.The lender put into the scale the metal to be lent and the libripens weighed it and handed over to the borrower.The lender
Declared that the borrower had become his debtor.Thereupon the debtor was regarded as nexus tohis creditor i.e. bound in his own person to the creditor
could enforce payment by manus injectio and make the debtor a slave in satisfaction of the debt.after the introduction of the coined money the metal was
no longer weighed out.The Money Loan was paid directly by the Lender to the borrower,But the formal part of the nexum was retained,The lender merely
Touched the scale with a coin and the formality continued to confer upon the lender the right to subject the debtor to manus injectio.The nexum had fallen into disuse when
a lex poetelia of about 300 B.C, Mitigated the severity of its remedy by substituting execution on the borrower's goods for ecxecution on his person,and in the time
of the classical jurists a money loan would ordinarily be made by means of mutuum. The nexum Became obsolete in the time of Justinian

Elements of Contract:- The essential elements of Roman Contract are the following: capacity of the party,Consensus of minds Legality of object and causa

Capacity of the party: The parties to a contract must have the contractual capacities. The parties to a Contract must have the contractual capacities. The incapacities arose from
minority,Insanity,sex,Etc,in Roman Law a minor was not competent to contact without the auctoritas of the tutor

Roman Things Succesfully Concept Vs United State Concept Donald Trupm

Character Of Succession

under the Roman Law succession was universal a universal succession means the succession to a universitas juris bundle of rights and duties i.e.the succession of all the
rights and liabilities of the dead man when a roman died the heir succeded to all his property and liabilities and this was called hereditas inheritance the inheritance was
not merely an inheritance of property it was also the transfer of the personality of the deceased to the heir on the death of the paterfamilias both his property and
it was also the transfer of the personality of the deceased to the heir on the death of the paterfamilias both his property and personality descended to the heir the legal

clothing of the deceased dropped from him and fell upon the heir he was the universal successor he stepped into the shoes of the deceased he was entitled not only to the assets
but he was also responsible to pay all the debts of the deceased if the paterfamilias died a bankrupt and his liability was greater than his assets the heir had to pay
all the debts from his own pocket it was immaterial whether the liabilities were disproportionate to the assets the heir could not raise any ground that the deccased
had left no founds to discharge his debts until the altertion of the law by justinian the heir was bound to pay all the debts of the deceased even if he
obtained no property from him whatever

Roman Things Succesfully Concept

Justinian's benefit of inventory-justinian altered the law and relieved the heir from unlimited liability by introducing the principle of limited representation by the benifit
of inventory the heir was given an option to make an inventory of all the property of the deceased if he did so his liability was limited by tile amount of the property
received i.e.he was not bound to pay the debts of the deceased beyond the assest that came into his hands but if he made no inventory,his liability remained absolute as
before and he was liable not only for the debts of the deceased but in addition,was compelled to pay all the legacies,even if the assets proved insufficient

Heir and modern executor

It is said that justinian converted the heir into an executor,a mere official appointed by the testator for the purpose of winding up his affairs and distriuting his property
it is true that the heir like an executor,had no personal liability for the debts of the deceased and like an executor he had to distribute the legacies and pay off the debts
here the similarity ends.an executor has no personal interest in the estate he administers,unless something has been expressly given to him by the testator.but the case is otherwise
with the roman heir who took the estate subject to debts and legacies.He could claim his right to a fourth but an executor has no such claim

Kinds fo Succession:-

There were two kinds of succession recognised in the roman law,testamentary and intestate.testamentary succession arose when a person by testament will appointed an heir
to succeed to his estate after his death intestate succession arose when the deceased left no will and his estate devolved upon his relations in certain orders according
to the law of the land

Roman Justice Vs Donald Trupm United States The Law Of Things Roman

The Law Of Things Roman

In Roman law res signifies things or property it includes not merely physical things but also abstract rights such as servitude ad dominium buckland defined res in economic
sence as any economic interest guaranteed by law any right or rights having a money value any interest expressible in terms of money which the law will protect in general res
comprehends everything that can be the object of a right

classification of res

Res have been classified in the following ways
Res corporales and res incorporales res corporales are tangible objects that can be felt or touched such things have a physical existence e.g.land,house gold money
slave wheat etc and can be possessed and delivered res incorporales are those things which are intangible and have no actual existence they cannot be touched or perceived by
the senses and exist only in the eye of law they consist of rights such as servitude e.g. a man's right of inheritance obligation e.g a man's duty to perform some promise
which the law regards as binding or to make compensation for some wrong he has done to another incorporeal things do not admit of possession or delivery

About Roman Vs United state

Res mancipi and res nec mancipi the real distinction between the two lay in the mode of transfer res mancipi were those things which could only be legally conveyed
by the ceremony of mancipatio it is was conveyed in any other way no title passed to the transferee the property in the thing the ownership of it remained in the transferor
notwithstanding his attempted alienation and although he had actually handed it over to another lands and houses in italy slaves oxen mules horses asses rustic servitude
were designated as res mancipi all other res were res nec mancipi which could be transferred by traditio or delivery of possession provided the res in question was capable of physical
delivery After the time of gaius mancipatio gradually lost its importance and in the time of justinian mancipatio was entirely superseded by traditio and the division into
res mancipi and res nec mancipi was accordingly obsolete

Roman Justice Vs Donald Trupm United States

Res mobiles movable and res immobiles immovable this division is found in most systems of law and is based upon the fundamental distinction which exists between land and things attached
to it res immobiles and all other property res mobiles res mobiles in its nature are not stationary and as such can be appropriated but the land cannot be so owned an immovable property cannot
be taken away and stolen it is of greater value and importance than the movable property it takes longer time to acquire ownership in immovale property by possession without title

Res communes common are things common to all and may be enjoyed by all the world but not capable of appropriation by any body such as air running water the sea and the sea-shore

Res Nullius are things which belong to nobody e.g. wild animals,treasure trove things abandoned etc,but it may be the object of private property when found and occupied by an individual.Res nullius
include not merely humani juris

Describe Roman Women and Girl Termination Of Marriage

Termination Of Marriage

Marriage came to an end in the following ways by death of either party by either party becoming a slave or ceasing to be a citizen in case of marriage in manum by either
party undergoing captitis deminutio minima by divorce

The Law Of divorce

divorce existed in Rome from the earliest times it did not require the sentence of a judge and no judicial proceedings were necessary it was considered a private act
under the old law a marriage celebrated by confarreatio could be dissolved by an equally formal act of diffareatio i e another sacrifice to the jupiter in the presence
of pontiffs if the marriage was celebrated by coemptio or usus it could be dissolved by emancipating the wife i.e by a fictitious sale to a person who manumitted the wife
one sale was enough to break the tie

Describe Roman Women and Girl

when marriage in manum had become obsolete marriage could be dissolved in two ways  by divortium and by repudium the former occurred at the will of both the partties
who could dissolve the marrige voluntarily and by mutual consent the later occurred by either party giving notice to the other no form was necessary a declaration of intention
to dissolve the marriage was sufficient expressions like manage your own affairs keep your own things to yourself etc were sufficient to break the tie but the lex julia de

Roman Citizens

adulteriis required a written bill of divorce to be delivered in the presence of seven Roman citizens above the age of puberty as witnesses though eventually delivery was not necessary
divorce was at first not abused but the close of the Republic and the commencement of the Empire When the manners of men were corruted there was a gross abuse of divorce
marriage was thoughtlessly entered upon and dissolved at pleasure to check This deplorable corruption laws were passed inflicting severe penalties on those whose bad conduct led to
divorce and there were imperial constitutions which enumerated the just causes of divorce and gave the innocent party some claims over the property of the other under

Beutifuly Place Roman

justinian divorce without just cause was not allowed he penalised for groundless divorce by forfeiture of property if the wife divorced the husband without just
cause she could not claim her dos on the other hand if the husband divorced the wife without just cause he had to forfeit donatio propter nuptias which would go to his wife

Justiea nuptiae definition Roman Men and women Marriage Difination

Justiea nuptiae definition Roman

Justiae Nuptiae is defined by justinian as the lawful union of men and women whereby they consented to lead an undivided life marriage
according to roman law was a contract by which a man and women entered into a mutual engaement in the form prescribed by law to live together
as husband was called vir and the wife uxor

Forms of marriage in early Rome There were two forms of marriage in early rome there were two forms of marriage widely different in their
effects upon the position and property of the wife marriage with manus and marriage without manus the former occurred when both the parties to
the marriage had the jus connubi the capacity to enter into a lawful marriage it brought the wife the children and her property under the control
of her husband agnate originally it was strictly confined to roman citizens this form of marriage was also called matrimonium justum in the latter form of marriage
form of marriage the jus connubi was wanting with the parties to the marriage it was confined to the aliens and it did not effect the status of the wife she remained
in fact she had the power to dispose of her property freely this form of marriage was also called matrimonium nonjustum in ancient times marriage was restricted
within the classes to which the parties belonged thus the plebs could not marry patricians this restriction was removed by lex canuleia which allowed inter marriage
between the patricians and plebeians the marriage with manus had almost disappeared before the end of the republic under the Empire the Normal Marriage

was without manus and such a marriage was a valid marriage in the fullest sense of the term As Distinguished from justiae nuptiae there were two kinds
of unions  Concubinatus and contubernium

Concubinatus:concubinatus was a permanent union between a free man and a woman without marriage the man who had a lawful wife could not take a concubine
the wife of another man nor to have more than one concubine at the same time in later times concubine was called amica it was not uncommon between persons
of unequal rank and sometimes it was resorted to by widowers who had already lawful children and did not wish to contract another legal marriage an unmarried
person could have a concubine the children born in concubinage were neither under the power of their father nor entitled to succeed as children by a legal marriage
but they could demand support from him and succeed from their mother under the christian emperors concubinage was not favoured but it subsisted as a legal institution
in the time of justinian at last leo the philosopher Emperor of the Est in A D 887 abolished concubinatus as being contrary to religion and public decency
He Said why should you prefer a muddy pool when you can drink at a purer fountain the existence of this custom however was prolonged in the west among the franks
lombards and germans

The Law Roman Of Persons Women In Roman Law and Society

The Law Roman Of Persons

Person:According to Roman Law Person was one clothed with right and obligations.In Rome a slave had no
rights and obigations and was therefore regarded not as a person but a thing persons were divided into natural
and artificial a natural person were divided into natural and artificial a natural person may be considered under the following
divisions A:is the person free libertas or unfree slave in case he is free whether he is bron free ingenui or made free
libertini B:is he a citizen civitas or a non citizen C:is he sui juris independent or alieni juris dependent D:if sui juris is he fuflly
independent or is he under a guardian tutor or a care taker curator

First Division of the law of person slavery:

The Causes of slavery:slavery arose in the following ways
by birth According to the civil law the condition of the child was entirely determined by the condition of the mother
if the mother was a slave at the moment of birth the child was a slave

by capture in war the prisoners of war were considered the absolute property of the captor and were either retained for the service
of the state and employed in public works or were sold by auction as part of the plunder by collusive sale if a free person allowed
himself to be sold as a slave in order to share the purchase money and to defraud the purchaser by declaring after sale his true status
he was reduced to slavery and could not afterwards recover his freedom by judicial sentence by judicial sentence roman citizens might be condemned to
slavery as a punishment for heinous offences persons condemned to death or to work in mimes or to fight with wild beast became service

Women In Roman Law and Society

poenae slaves of penalty for gross ingratitude A freed man guilty of gross ingratitude to his late master might be recalled into slavery
for evasion ofcnsus etc under the old law citizens who evaded the census or military service might be sold as slaves by manus injectio The
debtor who suffered manus injectio bodlily siezure of the person of the debtor became one who was ultimately sold by his creditor as slave
for theft A thief caught red handed might be reduced to slavery

Roman Law Defination Superiority Of The Romans In Law

Superiority Of The Romans In Law

:
in various departments like philosophy poetry oratory and fine arts the greeks could not be surpassed but they contributed almost nothing to the science of jurisprudence
in philosophy they greatly excelled the romans but in the cultivation of law the romans were far ahead not only of the greeks but all other nations of antiquity the romans were
eminently a practical people and they were the first nation who successfully cultivated law as a science apart from their general ability in the business of legislation their judicial system
was far more favourable than that of the greeks to the improvement of jurisprudence and to the gradual formation of a body of legal and equitable laws for several centuries
under the republic and the empire the praetors who were changed annually exercised the civil jurisdiction at rome it became the practice for every new praetor
on his accession to office to publish in administering justice during the tenure of his office these rules were handed down by the praetors to their successors and weremodified and improved in the course of time to suit

the exigencies of the community it was chiefly by these edicts by decisions of the judges and by the scientific works of eminent lawyers aided by the direct
action of the legislature that the ancient institutions were refined and the general body of the roman law was gradualy moulded into a system and brought to that
state of perfection which it ultimately attained

Sources Of Roman Law:

The sources of roman law have been discussed in detail in the foregoing topics we may now recapitulate the sources leges regiae the laws of the early kings

and customs comitia curiata comittia centuriata comitia tributa concilium plebis edicts of the praetors writtings of the jurisconsults and responsa prudentium
senatusconsulta and imperial constitutions

Terminations Of Marriage:

Marriage came to an end in the following ways by death of either party by either party becoming a slave or ceasing to be a citizen in case of marriage in manum
by either party undergoing capitis deminutio minima by divorce

The Law Of Divorce: Symbol of Money

Divorce Existed in Rome From The Earliest Times it did not require the sentence of a judge and no judicial proceeding were necessary it was condidered a private
act under the old law a marriage celebrated by confarreatio could be dissolved by an equally formal act of diffareatio another sacrifice to the jupiter in the presence
of pontiffs if the marriage was celebrated by coemptio or usus it could be dissolved by emancipating the wife i e by a fictitious sale to a person who manumitted the
wife one sale was enough to break the tie

When Marriage ? CLick Here...

in manum had become obsolete marriage could be dissolved in tow ways by divortium and by repudium the former occurred at the will of both the parties who culd dissolve
the marriage was sufficient expressions like manage your own affairs keep your own things to yourself etc were sufficient to break the tie but the lex
julia de adulteriis required a written bill of divorce t be delivered in the presence of seven roman cittizens above the age of puberty as witnesses though eventually
delivery was not necessary

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Letest News Of Membership of the United Nations

Letest News Of Membership of the United Nations

All The Fifty states which were Signatories to the charter at san Francisco.Were Accepted as Original Members Of the United Nations Organisation.

The Membership Is Open.Vide Article 4 Of The Charter,To All Other Peace-Loving States Who Accept The Obligations of the charter, and in the judgment of the united Nations Are Able and willling to carry out these obligations.admission is effected by the general Assembly on the recommendation of the Security Council.In 1946,the Security Council Unanimously Recommended the admission of Afghanistan,Iceland ,Siam and sweden,and on the approval of the general assembly

these states became accredited members of the United Nations,In the Following Year Pakistan and yemen were admitted,and 1948 burma also became a member,bringing the membership to fifty-eight.But unfortunately there had been an unhealthy rivalry between the major powers of East and west on the issue of admission of new states in their bid for maintaining the existing balance in the general Assembly  between their respective Supporters.the United Nations was 80 on January 1,1957.at the end of 1964,it was 115,incloding indonesia,Which withdrew its membership in january,1965.on October 25,1971,the General Assembly Approval by 76 votes to 35,with 17

abstentions the formal resolution tabled by albania algeria and twenty other simultaneously,tainwan,which had till then represented china in the monaco followed by the newsly independent country of Enitrea In may 1993 the Membership increased to 183.Another principality was granted admission in july 1993,thus,bringing the present total to 184 member-statesl.with the re-admission of south africa the number comes to 185.

The Charter of the United Nations Provides for the Suspension and expulsion of members.but no provision has been made for withdrawal from Membership.it has,however,been held that the absence of and express prohibition must be deemed to have preserved the right to sever'23and indonesias withdrawal set the precedent if a member,state persistently by the assembly on the recommendation of the security council.similary if the united nations is taking preventive measures or enforcement action against a member state it ma be suspended from exercising its rights and privileges by the general assembly on the recommendation of the security council.the security council,may however,restore these right whenever it deems necessary