Disponible uniquement sur Etudier
  • Pages : 5 (1098 mots )
  • Téléchargement(s) : 0
  • Publié le : 16 octobre 2010
Lire le document complet
Aperçu du document
Mardi 05 octobre

Les étudiants aujourd'hui risquent d'avantage d'etre au chomage qu'en 2002, 4% de plus d'entre eux le sont.

Le nombre de licencié (qui a une licence) ayant un emploi à temps plein a diminué de 9%.

Le pourcentage de licenciés qui reprennent des études est en augmentation / a augmenté de 12% par rapport à l'année précédente.
A augmenté : is on the rise, keepstudying, going on further studies, take up studying
Ceux qui ont un diplome ont 3 fois moins de risque d'être au chômage.
Those who have a degree stand 3 times fewer chances to be on the dole
Quoiqu'il en soit, la concurrence pour entrer à l'université est de plus en plus forte.

Premier cours des institutions judiciaires :

Common law (droit coutumier), equity (droit naturel) and statutelaw

Europe uses two major systems of law :
Roman law (codified and written), is the civil law used in france, continental europe, quebec and latina america. The other system is
Common law is used in England and Wales, the US, Australia and Canada. In common law, juges work from a practical perspective. Common law refers to 2 aspects:
- the legal system in england and wales,in its historical development
- the general system of law and a particular set of rules used within UK

There are 4 sources of law :
- custom
- case law and equity
- UK legislation
- EU legislation

A. Custom (coutume habitude ou loi)

Past Anglo saxon period (IV Xth) : local customs (traditions) determined most laws affecting family right, ownership (propriété), contract andviolence. In 1066, the battle of Hastings was wun by William the Conqueror who gradually laid the basis of the english legal system. Itinerant justices (juges) were given the task (tache) of founding a set of regulations to be used all over the country. Custom did not become law automaticly. The law was created by judge's decisions to recognize custom or not. Then, the practice became the rule, as judgeshad to follow predecessors decisions (précédent obligatoire) known as common law.
Present : custom has status (peut prendre le statut de loi) of law when a practice is followed and considered as law, it must also fulfill some conditions to be enforceable :
- reasonable
- since time immemorial (at least 1189)
Today claimants refer to living memory turning to the oldest inhabitant as a weet?ness.
- clear and certain
- specific to a certain area
- must be uninterrupted
- exerciced in a peaceful manner
- it must be consistent with other local customs
- it mus be in conformity with the existing status.

B. Case law and equity.

Past Common law is short coming, it was to long and the remedies granted by courts did not always satisfied plaintiffs.
So people began to petitionthe king for redress. The lord chancelor was untrusted by the souverain with the petitions and he decided what he thaught was equitable. Hence the word "equity" (ici est né) which recognizes rights unknown in common law and grants remedies like injunction.

Equity was created to compensate from the deficiences of common law but varied depending on who the chancelor was.

So a reform of thejustice system was conducting in the Judicature Act of 1873 which stated that if there are a conflit between common law and equity the later would prevail.

Today Any new law is a statute law. Judges shape (donner une forme) the law by deciding upon cases and interpreting legislation. Their decision is called case law, that is a legal decision that interprets statutes and other legal texts. Thosedecisions are collected in "law reports" and will later be used as the doctrin of precedent stare decisis (jurisprudence).

The statment of law by a judge becomes binding on judges of inferior courts in similar cases. This implies that inferior judges may not arrive at a different conclusion on a similar case. It also implies that court hierarchy is important in defining which court-ruling is...
tracking img