Prague, Czech Republic

Certificate of Higher Education in Common Law

Language: English Studies in English
Subject area: teacher training and education science
University website: www.aauni.edu
Common Law
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions are explained later in this article). Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
Education
Education is the process of facilitating learning, or the acquisition of knowledge, skills, values, beliefs, and habits. Educational methods include storytelling, discussion, teaching, training, and directed research. Education frequently takes place under the guidance of educators, but learners may also educate themselves. Education can take place in formal or informal settings and any experience that has a formative effect on the way one thinks, feels, or acts may be considered educational. The methodology of teaching is called pedagogy.
Higher Education
Higher education (also called post-secondary education, third level or tertiary education) is an optional final stage of formal learning that occurs after completion of secondary education. Often delivered at universities, academies, colleges, seminaries, conservatories, and institutes of technology, higher education is also available through certain college-level institutions, including vocational schools, trade schools, and other career colleges that award academic degrees or professional certifications. Tertiary education at non-degree level is sometimes referred to as further education or continuing education as distinct from higher education. The right of access to higher education is mentioned in a number of international human rights instruments. The UN International Covenant on Economic, Social and Cultural Rights of 1966 declares, in Article 13, that "higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education". In Europe, Article 2 of the First Protocol to the European Convention on Human Rights, adopted in 1950, obliges all signatory parties to guarantee the right to education.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Law
If you reason instead of repeating what is taught you; if you analyze the law and strip off those cloudy fictions with which it has been draped in order to conceal its real origin, which is the right of the stronger, and its substance, which has ever been the consecration of all the tyrannies handed down to mankind through its long and bloody history; when you have comprehended this, your contempt for the law will be profound indeed. You will understand that to remain the servant of the written law is to place yourself every day in opposition to the law of conscience, and to make a bargain on the wrong side; and, since this struggle cannot go on forever, you will either silence your conscience and become a scoundrel, or you will break with tradition, and you will work with us for the utter destruction of all this injustice
Peter Kropotkin, "An Appeal to the Young" (1880).
Law
I am a lover of truth, a worshipper of freedom, a celebrant at the altar of language and purity and tolerance. That is my religion, and every day I am sorely, grossly, heinously and deeply offended, wounded, mortified and injured by a thousand different blasphemies against it. When the fundamental canons of truth, honesty, compassion and decency are hourly assaulted by fatuous bishops, pompous, illiberal and ignorant priests, politicians and prelates, sanctimonious censors, self-appointed moralists and busy-bodies, what recourse of ancient laws have I? None whatever. Nor would I ask for any. For unlike these blistering imbeciles my belief in my religion is strong and I know that lies will always fail and indecency and intolerance will always perish.
Stephen Fry, in his "Trefusis Blasphemes" radio broadcast, as published in Paperweight (1993).
Education
I hope we still have some bright twelve-year-olds who are interested in science. We must be careful not to discourage our twelve-year-olds by making them waste the best years of their lives on preparing for examinations.
Freeman Dyson, “Butterflies and Superstrings” in Timothy Ferris (ed.) The World Treasury of Physics, Astronomy, and Mathematics (p. 135)
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