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Case law is the body of available writings explaining the verdicts in a case.

Case law is most often created by


judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing
precedents in other cases and statutes that had a bearing on their decision. A single case may generate
virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme
Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These
collected opinions can be referred to in the future by other judges when they make their rulings on similar
cases, allowing the law to remain relatively consistent.

Law[2] is a system of rules, enforced through a set of institutions,[3] used as an instrument to


underpin civil obedience, politics, economics and society. Law serves as the foremost social
mediator in relations between people. Writing in 350 BC, the Greek philosopher Aristotle
declared, "The rule of law is better than the rule of any individual."[4]
Law consists of a wide variety of separate disciplines. Contract law regulates binding agreements
which may relate to everything from civil purchase to trading on derivatives markets. Property
law defines rights and obligations related to the transfer and title of personal and real property.
Trust law applies to assets held for investment and financial security, while Tort law allows
claims for compensation an individual or their property is injured or harmed. If the harm is
criminalised in penal code, criminal law offers means by which the state can prosecute the
perpetrator. Constitutional law provides a framework for the creation of law, the protection of
human rights and the election of political representatives. Administrative law regulates the
activities the administrative agencies of government, while International law governs affairs
between sovereign nation states in activities ranging from trade, environmental regulation or
military action.
Commercial law (sometimes known as business law) is the body of law which governs business and
commerce. It is often considered to be a branch of civil law and deals both with issues of private law and
public law. Commercial law regulates corporate contracts, hiring practices, and the manufacture and
sales of consumer goods. Many countries have adopted civil codes which contain comprehensive
statements of their commercial law. In the United States, commercial law is the province of both the
United States Congress under its power to regulate interstate commerce and the states under their police
power. Efforts have been made to create a unified body of commercial law in the US; the most successful
of these attempts has resulted in the general adoption of the Uniform Commercial Code.

Various regulatory schemes control how commerce is conducted. Privacy laws, safety laws (i.e. the
Occupational Safety and Health Act in the United States), food and drug laws are some examples.

Case law (also known as decisional law or judicial precedent) is that body of reported judicial
opinions in countries that have common law legal systems. It includes courts' interpretations of
statutes, and also constitutional provisions and administrative rules. Published court opinions
include precedents, or rules governing future court decisions. Common-law upholds the
fundamental English legal system, which is the jurisdiction to make laws. Additionally,
constitutional law continues the case law of people's human rights. Case law is a method of
deciding cases based on recorded decisions of similar cases.
In the United States, law derived from judicial decisions is also referred to as common law. This
type of law operates by application of precedent and so is also known as precedential law.
Because case law is not enacted by a legislature, it is also a type of non-statutory law.
Case law is often referred to as common law in many regions of the world, and is also known as judge-made
law. This latter term derives from the fact that, while legislation is technically passed in most countries by a
separate legislative branch, courts are able to exercise a moderate amount of quasi-legislative power through
the use of precedent and case law. Case law is viewed by most people as a crucial part of a functioning
judiciary, as it allows for courts to transform decisions that may have taken a great deal of time and energy to
arrive at into a sort of de facto law, making future cases much easier to decide.
Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by
judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing
precedents in other cases and statutes that had a bearing on their decision. A single case may generate
virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme
Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These
collected opinions can be referred to in the future by other judges when they make their rulings on similar
cases, allowing the law to remain relatively consistent.

RIGHT - This word is used in various senses: 1. Sometimes it signifies a law, as when we
say that natural right requires us to keep our promises, or that it commands restitution, or
that it forbids murder. In our language it is seldom used in this sense. 2. It sometimes
means that quality in our actions by which they are denominated just ones. This is usually
denominated rectitude. 3. It is that quality in a person by which he can do certain actions,
or possess certain things which belong to him by virtue of some title. In this sense, we use it
when we say that a man has a right to his estate or a right to defend himself.

In this latter sense alone, will this word be here considered. Right is the correlative of duty,
for, wherever one has a right due to him, some other must owe him a duty.

Rights are perfect and imperfect. When the things which we have a right to possess or the
actions we have a right to do, are or may be fixed and determinate, the right is a perfect
one; but when the thing or the actions are vague and indeterminate, the right is an
imperfect one. If a man demand his property, which is withheld from him, the right that
supports his demand is a perfect one; because the thing demanded is, or may be fixed and
determinate.

But if a poor man ask relief from those from whom he has reason to expect it, the right,
which supports his petition, is an imperfect one; because the relief which he expects, is a
vague indeterminate, thing.

Rights are also absolute and qualified. A man has an absolute right to recover property
which belongs to him; an agent has a qualified right to recover such property, when it had
been entrusted to his care, and which has been unlawfully taken out of his possession.

Rights might with propriety be also divided into natural and civil rights but as all the
rights which man has received from nature have been modified and acquired anew from
the civil law, it is more proper, when considering their object, to divide them into political
and civil rights.

Political rights consist in the power to participate, directly or indirectly, in the


establishment or management of government. These political rights are fixed by the
constitution. Every citizen has the right of voting for public officers, and of being elected;
these are the political rights which the humblest citizen possesses.

Civil rights are those which have no relation to the establishment, support, or management
of the government. These consist in the power of acquiring and enjoying property, of
exercising the paternal and marital powers, and the like. It will be observed that every one,
unless deprived of them by a sentence of civil death, is in the enjoyment of his civil rights,
which is not the case with political rights; for an alien, for example, has no political,
although in the full enjoyment of his civil rights.

These latter rights are divided into absolute and relative. The absolute rights of mankind
Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by
judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing
precedents in other cases and statutes that had a bearing on their decision. A single case may generate
virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme
Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These
collected opinions can be referred to in the future by other judges when they make their rulings on similar
cases, allowing the law to remain relatively consistent.

may be reduced to three principal or primary articles: the right of personal security, which
consists in a person's legal and uninter-rupted enjoyment of his life, his limbs, his body, his
health, and his reputation; the right of personal liberty, which consists in the power of
locomotion, of changing situation, or removing one's person to whatsoever place one's
inclination may direct, without any restraint, unless by due course of law; the right of
property, which consists in the free use, enjoyment, and disposal of all his acquisitions,
without any control or diminution, save only by the laws of the land.

The relative rights are public or private: the first are those which subsist between the
people and the government, as the right of protection on the part of the people, and the
right of allegiance which is due by the people to the government; the second are the
reciprocal rights of hushand and wife, parent and child, guardian and ward, and master
and servant.

Rights are also divided into legal and equitable. The former are those where the party has
the legal title to a thing, and in that case, his remedy for an infringement of it, is by an
action in a court of law. Although the person holding the legal title may have no actual
interest, but hold only as trustee, the suit must be in his name, and not in general, in that of
the cestui que trust. The latter, or equitable rights, are those which may be enforced in a
court of equity by the cestui que trust.
--b--

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A fundamental right is a right that has its origin in a country's constitution or that is necessarily
implied from the terms of that constitution. These fundamental rights usually encompass those
rights considered natural human rights.
Some rights generally recognized as fundamental are[citation needed]:
• Right to life
• Right to freedom of movement
• Right to own property
• Right to marry
• Right to procreate
• Right to raise children free from unnecessary governmental interference
• Right to freedom of association
• Right to freedom of expression
• Right to equal treatment or equal protection before the law (fair legal procedures)
• Right to freedom of thought
• Right to religious belief
Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by
judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing
precedents in other cases and statutes that had a bearing on their decision. A single case may generate
virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme
Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These
collected opinions can be referred to in the future by other judges when they make their rulings on similar
cases, allowing the law to remain relatively consistent.

• Right to choose when and where to acquire formal education


• Right to pursue happiness
• Right to vote
• Right to freedom of contract
By definition, preservation of fundamental rights is essential to the society. The
alleged benefits of denying fundamental rights can be illusory; the harms can be
arbitrarily severe. To allow abridgment in any case, even to avert omnicide, would
mean creating a decision procedure of when to abridge fundamental rights, which in
turn means violating human rights based on merely an illusion of harm (by
definition, illusion of harm is indistinguishable from harm; the society is obviously
suspectible to illusions), which can cause omnicide from denial of rights to the
society. Interested parties can deceive the public and the courts into believing the
existence of a pressing need. They have done so in the past. The decision
procedure for abridging fundamental rights would have to be created now (when
there is no clear danger of omnicide), and since any procedure that allows
abridgments of fundamental rights in a civilized society is unacceptably dangerous,
the required procedure is to never to allow violations of fundamental rights. Any
attempt to abridge fundamental rights is self-defeating. Fortunately, fundamental
rights are very flexible: They allow concentration of power in the executive when
necessary; detention of people who are not convicted of a crime can be
nonarbitrary; only freedom from censorship aspect of freedom of speech is
absolute; right to government sponsored nutrition is contingent on the economic
situation; and so on. The flexibility reminds us that the rights protect the society (as
a whole), and in the long term they protect national security as opposed to being
balanced against it. Therefore, all fundamental rights must be granted to all people
in any civilized society.

To prevent abuses that threaten the entire civilization, to create happiness for all
people, and to prevent great unjustified suffering, all fundamental rights are
granted to all people in every civilized society.

Property designates those things commonly recognized as the entities in respect of which a person or
group has exclusive rights. Important types of property include real property (land), personal property
(other physical possessions), and intellectual property (rights over artistic creations, inventions, etc.). A
right of ownership is associated with property that establishes the good as being "one's own thing" in
relation to other individuals or groups, assuring the owner the right to dispense with the property in a
manner he or she sees fit, whether to use or not use, exclude others from using, or to transfer ownership.
Some philosophers assert that property rights arise from social convention. Others find origins for them in
morality or natural law
Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by
judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing
precedents in other cases and statutes that had a bearing on their decision. A single case may generate
virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme
Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These
collected opinions can be referred to in the future by other judges when they make their rulings on similar
cases, allowing the law to remain relatively consistent.

Modern property rights conceive of ownership and possession as belonging to legal individuals, even if
the legal individual is not a real person. Corporations, for example, have legal rights similar to American
citizens, including many of their constitutional rights. Therefore, the corporation is a juristic person or
artificial legal entity, which some refer to as "corporate personhood"..

Traditional principles of property rights includes:


1. control of the use of the property
2. the right to any benefit from the property (examples: mining rights and rent)
3. a right to transfer or sell the property
4. a right to exclude others from the property.

Traditional property rights do not include:


1. uses that unreasonably interfere with the property rights of another private party (the right of quiet
enjoyment). [See Nuisance]
2. uses that unreasonably interfere with public property rights, including uses that interfere with
public health, safety, peace or convenience. [See Public Nuisance, Police Power]
1. Ownership is the state or fact of exclusive rights and control over property, which may be an
object, land/real estate, intellectual property or some other kind of property. It is embodied in an
ownership right also referred to as title.

Ownership is the key building block in the development of the capitalist socio-economic system.
The concept of ownership has existed for thousands of years and in all cultures. Over the
millennia, however, and across cultures what is considered eligible to be property and how that
property is regarded culturally is very different. Ownership is the basis for many other concepts
that form the foundations of ancient and modern societies such as money, trade, debt,
bankruptcy, the criminality of theft and private vs. public property.
2.
3. An act or a course of action that is required of one by position, social custom, law, or
religion: Do your duty to your country.
4.
a. Moral obligation: acting out of duty.
b. The compulsion felt to meet such obligation.
5. A service, function, or task assigned to one, especially in the armed forces: hazardous
duty.
6. Function or work; service: jury duty. See synonyms at function.
7. A tax charged by a government, especially on imports.
8.
Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by
judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing
precedents in other cases and statutes that had a bearing on their decision. A single case may generate
virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme
Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These
collected opinions can be referred to in the future by other judges when they make their rulings on similar
cases, allowing the law to remain relatively consistent.

a. The work performed by a machine under specified conditions.


b. A measure of efficiency expressed as the amount of work done per unit of energy
used.
9. The total volume of water required to irrigate a given area in order to cultivate a specific
crop until harvest.

A legal obligation that entails mandatory conduct or performance. With respect to the laws
relating to customs duties, a tax owed to the government for the import or export of goods.
A fiduciary, such as an executor or trustee, who occupies a position of confidence in relation to a
third person, owes such person a duty to render services, provide care, or perform certain acts on
his or her behalf.
In the context of negligence cases, a person has a duty to comport himself or herself in a
particular manner with respect to another person.
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Tort law is the name given to a body of law that addresses, and provides remedies for, civil
wrongs that do not arise out of contractual duties.[1] A person who is legally injured may be able
to use tort law to recover damages from someone who is legally responsible, or "liable," for those
injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the
circumstances under which one person may be held liable for another's injury. Torts cover
intentional acts and accidents.
For instance, if somebody throws a ball and accidentally hits a pedestrian in the eye, the
pedestrian may sue the ball thrower for losses occasioned by the accident (for example, costs of
medical treatment or lost income during time off work). Whether or not the pedestrian wins will
depend on whether he can prove the thrower engaged in tortious conduct in injuring the
pedestrian (most typically, by failing to exercise ordinary care in undertaking the activity that
caused the injury). One of the main topics of the substance of tort law is determining the
"standard of care" - a legal phrase that means distinguishing between when conduct is or is not
tortious. Put another way, the big issue is whether a person suffers the loss from his own injury,
or whether it gets transferred to someone else.
Tort law may also be used to compensate for injuries to a number of other individual interests that
are not recognized in property or contract law, and are intangible. This includes an interest in
freedom from emotional distress, privacy interests, and reputation. These are protected by a
number of torts such as infliction, privacy torts, and defamation. Defamation and privacy torts
may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful
statement about him. Other protected interests include freedom of movement, protected by the
intentional tort of false imprisonment.
Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by
judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing
precedents in other cases and statutes that had a bearing on their decision. A single case may generate
virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme
Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These
collected opinions can be referred to in the future by other judges when they make their rulings on similar
cases, allowing the law to remain relatively consistent.