Courts make determinations in law and in equity. By ‘in law’ is meant following a specific law – constitutional law, state law, etc. By ‘in equity’ is meant determining what is ‘fair’ to do where now law specifically rules. An example is determining how to distribute the assets in a divorce among the husband and wife.

Common law refers to the myriad of decisions made by judges and appeals courts. Maxims of Common Law are ‘guiding truths’. Adhering to them helps judges make fairer decisions. They’re ignored in family court determinations since fairness is a wholly secondary issue. This article overviews what these maxims are.

Maxims are absolutely essential to the preservation of rights and fair treatment to all litigants. Maxims:

* represent ‘self-evident’ truth – as mentioned in our Declaration of Independence when it referred to ‘all men’ as being created equal.
» Read more: ‘Maxims of Common Law’ Are Ignored in Family Court

To My Neo-Con Friends:

I’m sick of hearing it from you people!

So you’ve read that big scary document called the Constitution over and over again and you just couldn’t find language that says “Obama’s health care plan is constitutional” therefore all those right wing blogs citing to the unconstitutionality of the bill are clearly right (pardon the pun)?

I suppose you overlooked the Commerce Clause, and the legal significance that clause has over the course of years in establishing precedence by the Supreme Court? By way of example in US vs. Southeastern Underwriters Association (1944) the United States Supreme Court ruled that the Commerce Clause gives Congress the explicit right and power to regulate insurance. Can it get anymore clear than that? All Congress is doing here is regulating the insurance industry. They are not BECOMING the insurance industry.

“But they are FORCING ME to buy health care!” you scream. “How can this be allowed?” you ask without even a hint of irony while being a proud member of the same party that enthusiastically supports the Patriot Act and $1 trillion a year in military spending.
» Read more: “Obamacare” is Constitutional – Stop Making My Ears Bleed!

Law Essays require a certain style and format if they are to be written effectively.

Be Clear

As with most essays, it is critical to read and understand the question and be clear what you have been asked. This may sound obvious but all too often essays are given low marks because the question is not actually answered.

Identify Subject Matter

The first thing is to clarify the subject matter so that you identify the area of law that is being addressed. Sometimes this will be obvious as when the question asks about the differences between an offer and an invitation to treat which will direct you towards the law of Contract.
However, sometimes the question is more obscure and this requires more effort in determining what the subject matter is and might involve looking at more than one area of the law. If a question asks about the terror laws, then this may well span human rights and constitutional law too.
» Read more: How to Write a Law Essay