What is Common Law?

What is common law

What is Common Law?

What is common law? In legal terminology, common law is the entire body of federal law developed by courts and similar quasi-jural tribunals under the principle of being expressed in written decisions. The defining feature of common law is that it derives as precedent. That is, certain cases or instances are deemed to have been already decided by the courts when in fact they were not. For example, a rape might be ruled as rape by one court, while in another state the rape might be ruled as something else. The meaning of the phrase “what is common law” is that the entire body of case law developed by the courts can be considered precedent.

The use of judicial precedents in deciding what is common law also raises a host of problems for litigants whose claims are governed by it. One of these problems is evident in the use of what is called “judicial notice.” Judicial notice refers to a requirement that a party that has been a party to an action must disclose relevant facts that help establish its legality. Although litigants are required to disclose their own facts in order to establish their case, a party not party to an action may not withhold information from a court so as to avoid judicial notice.

The problem is most apparent in criminal litigation. Often what is called a “frivolous question” or “for lack of knowledge of the courts” is not properly considered by a court of law. Even if it is considered, the party usually must file a motion challenging the district court’s jurisdiction over the issue, and then the motion is heard by the court. Once there, the courts take the position that the issue is not properly before them and must therefore vacate the order, which is not at all uncommon in a civil law system.

This same principle is also present in civil law cases. In a criminal action, if a party to the action cannot properly establish a fact (the essential legal issue), then it is not reviewable by the courts. For instance, in a drug case, if the government cannot establish that defendant knowingly violated any factual exception to the prescription drug act, then it cannot have standing to bring the case to trial. In other words, the mere claim that the facts a party learns after being subjected to …

Hiker saved after two nights in Scottish Highlands

David Wightman, an Essex native, found himself in a desperate situation after he began walking with Colin Marshall.

The pair were hiking together in the Ben Macdui area, 60 miles inland Aberdeen. On Friday, they lost touch with each other due to adverse weather conditions.

Marshall raised the alarm and a rescue team was formed. Wightman, who was able to find shelter, was eventually discovered by students who heard he was being lost.

“I just have a huge responsibility to all of these people. It’s been quite a humiliating experience,” he said to BBC Scotland. “I lost visibility. My mistake at that moment was not shouting or whistling. In the certainty in my head that I knew which route he’d taken, that wasn’t what I did.

He decided to look for somewhere to keep warm and dry while he planned his next move.

He said, “I was capable of getting through 12 hours without being dark and staying fairly warm. There were quite severe shivering attacks in the middle night. I kept my head torch close at hand in case something was coming out to search, but that night there was no sign.

“I did not know what was happening with my friend and could only hope that he would get shelter. He did.

Marshall called in search and rescue dogs as well as police to help him.

On Saturday, he had to face another night in the open. He even spotted a helicopter and its searchlights. However, rescuers were not able to see him despite his waving poles.

He eventually reached a junction point between two valleys and heard people calling his name. Aberdeen University four students helped him get shelter.

According to the Maritime and Coastguard Agency: “HM Coastguard were alerted at approximately 8.45 pm on 8/10/2015 to an overdue walker South of Braemar.

“The Inverness-based search and rescue helicopter was used to help in a multiagency hunt, which included police Scotland teams and mountain rescue team. The helicopter located the missing walker about midday on 10/10/10.…

£500,000 awarded to a Scottish community to purchase Britain’s most remote pub

After tensions with its Belgian owner, Britain’s most remote pub will be handed over to its local community.

The Scottish Land Fund has awarded more than £500,000 to residents of Scotland’s Knoydart peninsula, west coast. This grant will be used to purchase the Old Forge pub. It is only accessible by boat or by hiking approximately 18 miles across peat bogs.

“We are thrilled that the Scottish Land Fund chose to support our community-ownership bid for the Old Forge. The Old Forge Community Benefit Society co-chairs, Rhona Miller and Jacqui Wallace, said that this project is very important to Knoydart.

It is listed as one of the Guinness World Records’ most remote pubs in mainland Britain. The pub’s future was in doubt after the community disenchanted with Jean-Pierre Robinet, its owner.

They were upset about the pub’s closing during winter. This, they claim, is the most important season for it to remain open. Because of its central location on the main sailing route from Skye, the Outer Hebrides, and the Small Isles, the pub is a key part of the local tourist trade. It is a popular spot for yachtspeople and hillwalkers as well as boat-trippers.

Robinet previously stated that the Old Forge was the peninsula’s largest employer and that he strives to do the best for the community. He wants to sell the Old Forge after 10 years.

Residents now have to finish the deal before any private buyer. Local residents would need to own 75% of the shares due to the structure of their offer. They also pinned their hopes of raising the remaining money on their grant application.

The 110 residents of the rugged peninsula now have their wish granted.

The Scottish Land Fund allocated money to several projects on Wednesday. Cara Gillespie (chair of the committee) said that it was a privilege to help empower communities to control their destiny by owning local land and buildings. She also said that the projects would strengthen resilience and support local economies.…

Scotland launches a new national trail to highlight world-class landscapes and sites

To raise awareness about 13 sites that UNESCO has officially recognized as being of international significance, tourism and heritage organizations have teamed up with the Scottish Government.

The first official “UNESCO Trail” in the world was launched in advance of the COP 26 climate summit in Glasgow.

The trail is designed to help transform Scotland into an international leader for responsible tourism. It brings together all of Scotland’s UNESCO-recognised World Heritage Sites, Cities of Culture, Biospheres, and Geoparks.

It has been unveiled weeks after the country kick-started efforts to bring international visitors back by encouraging them to embrace “slow travel,” spend more time in the one place, seek out lesser-known destinations, and explore environmentally-friendly options for travel to and around Scotland.

Scotland’s UNESCO Trail encourages visitors to consider extended stays in the north west Highlands, Shetland Islands, Neolithic Orkneys, Galloway, and southern Ayrshire.

Other highlights include the Forth Bridge’s architecture, New Lanark’s 18th-century mill village, St Kilda’s isolated archipelago in the North Atlantic Ocean and the Antonine Wall. All of these are being honored as part of the new campaign.

Anne Anderson, non-executive Director at the UK National Commission for UNESCO stated: “The trail is a first in its kind and brings together Scotland’s outstanding cultural heritage and natural heritage.

“By following the trail, tourists from all over the world will discover Scotland’s treasures and know that they are traveling sustainably. They also help the communities that keep these places.”

The Scottish Government has launched a website and a short film to promote the new trail.

Rob Dickson is VisitScotland’s director of industry development. He said that the trail showcases not only the incredible UNESCO designations across Scotland, but also the extraordinary visitor experiences it creates.

“VisitScotland focuses on the recovery and building a destination experience for visitors.

This allows events and tourism to thrive now and into the future.

“We will continue to work with and support businesses to rebuild this vital sector of Scotland’s economy.

“Tourism can be a force for good. It creates economic and social value in every corner, and enhances the well-being and wellbeing of all who experience it.”

Ivan McKee, the Scottish tourism minister, stated that “Tourism has a key role in Scotland’s economy. As we recover from the pandemic this collaboration is more appropriate than ever.” This will allow us to welcome and attract both domestic and foreign visitors.

“As we near COP26 …

Robbie Ferguson, Team GB Olympian re-signs to join the Glasgow Warriors for a third time

Robbie Fergusson (TEAM GB Olympian) has re-signed for Glasgow. He will begin his third spell in January with the Warriors.

In 2015, the centre, who was a key player in Britain’s fourth-place finish at Sevens in Tokyo, made his debut for Glasgow. The next year, he moved to London Scottish on loan. After that, he became a regular player in the Scotland Sevens team before returning to Scotstoun.

His last appearance was March. After that, he moved to the Olympics to begin preparations. Now 28, he will continue to fulfill his sevens programme commitments and then resume as a full-time Warrior at the end of the year.

Fergusson expressed his excitement about playing for GB7s through the New Year. Fergusson then said that he would pivot to focus on Glasgow, and hopefully try to get back in a Warriors shirt. “I want to play as much rugby possible and this contract will enable me to do so.

“It’s just a buzz to be back. In seven years, I haven’t been able to play in front Scotstoun’s crowd. I look forward to pushing for my spot in the 23, and running out in front Scotstoun’s friends and family.”

In the meantime, the dates and order for fixtures in this season’s Champions Cup are now known. The Warriors knew that they would play home and away against former foes La Rochelle & Exeter Chiefs. Now, they know that their campaign begins with a trip to France on Sunday 12/12/12. The Chiefs will then welcome them to their home six days later. Two return fixtures will take place in January.

Like last season’s Champions Cup group stage, there are two pools of 12, each club playing four matches. The Chiefs of Glasgow, La Rochelle and Northampton are all in Pool A, along with Northampton. Racing 92 and Leinster. After the four matches, eight teams will be selected from each pool to advance to the knockout stage. The first round is a home-andaway of 16. The following rounds will be one-leg. The final will take place in Marseille on Saturday 28th May.…

Sir Alex Ferguson Shares Stage with Celtic Legend, Harry Hood’s Son For Scots Cap Honour

Nicky Hood will remember the Saturday experience of walking out from the Hampden tunnel alongside Sir Alex Ferguson. It was an experience Nicky Hood will treasure forever.

The Celtic legend was one four former players who were awarded caps for a Scotland tour in 1967. They played against Israel and Canada, Australia, Canada.

Some of these games were later redecorated and Harry Hood’s family and Sir Alex Ferguson, David Holt as well as the family of Alan Anderson were all honored on Saturday.

It helped that Scotland beat Israel 3-1 in a crucial World Cup qualifier. Nicky says it was a great day for his mum Kathleen and Siobhan Edwards as well as his son Harry and her nephew Harry.

He acknowledged that it was a pity his father wasn’t there to collect the award. His dad, who sadly died in 2019, had been living at his Bothwell home.

Nicky (51), who is a director for his late father’s Lisini Pub Company, said, “It was beautiful day.

“It was supposed last year, but it didn’t happen, because there weren’t any fans due to Covid. Therefore, the SFA got in touch with my mother last week.

It was a lovely bit of recognition for my family but also for my dad. It’s a shame that he was not able to attend, but it was an enjoyable day. We were treated well and the result was excellent.

“There were a lot more football greats than I knew, like Sir Alex Ferguson. He lived in Simshill with my dad and mum when I was a little boy in Glasgow.

Alex and my mum were friends back in the day. They lived on the exact same street so there was some history.

“My mum hadn’t been to see Sir Alex Ferguson in many years. He was in great form, and could not have been more friendly as they had an informal catch-up.

“He was also quite honored. He seemed very pleased to be made up.

“My dad was evidently on the same tour back in 1967 with Alex Ferguson and he was saying some nice things to me about my father.

“To walk through the tunnel with Alex Ferguson, it was a huge honor for me.

“The SFA was so nice and the day was great for the family.”

Nicky was glad Harry was recognized by the country. It was a fitting recognition, considering …