This is the set of common law that is used prior to the enactment of laws. In places where statutes exist, the parliament law shall supersede the common law. The common law will still supplement the common law and help the Judiciary to decide cases.
General Principles of Law:
Guiding Principles are Common Law: The principles have been created as a summarization of the previous case law in Azalea Isles and are thus the Common Law.
Principles are Generally Cross-Transferable: Just because a particular principle falls within one category does not mean that it cannot be used in a case of a different kind of category. The only requirement being that the principle being used must make sense in context.
Principles of Contractual Disputes:
Requirements of Agreement: An agreement must have an offer, consideration, acceptance, and execution of the offer. An agreement must also not violate any statute; constitution; or treatise active.
Mirror Rule: All amendments to any agreement must be expressly agreed too by all parties involved.
Offeror's Right to Terminate Prior to Execution: An offeror has a right to refuse performance on an agreement in spite of the offeree's signature prior to the offeror’s execution if such refusal is made expressly clear to the offeree. Offeror’s execution of agreement voids their right to terminate.
Offeree’s Right to Partial Performance: An offeree who has started performance on an agreement prior to an offeror’s termination has the right to demand compensation for their partial performance.
Binding Agreement: Any Agreement that is made cannot be undone unless the terms of said agreement has been filled or said agreement has a self-voiding clause or specified terms allowing the agreement to come to an end.
Fundamental Breach: Where one party of the agreement underperforms their obligations in a contract, it represents a breach that requires remediation by a court to enforce the terms of the agreement; award damages for the breach; or null and void the agreement.
Anticipatory Breach: Where one party of the agreement expresses their intent not to fulfill their obligations in a contract, it represents a breach that requires remediation by a court to enforce the terms of the agreement; award damages for the breach; or null and void the agreement.
Material Breach: Where one party of the agreement deliberately fails to fulfill their obligations in a contract, it represents a breach that requires remediation by a court to enforce the terms of the agreement; award damages for the breach; or null and void the agreement.
Substantial Performance: A defense raised in a contract action where partial performance of the contract can stand in the place of full performance of an agreement.
Unconscionability: Where an agreement is unfair toward one or more parties, based on the impossibility of performance; lack of beneficial consideration; or harmful offer to the offeree; said agreement may be voided and the offended party of Unconscionability may be awarded damages.
Judicial Right to Void Agreement: In any situation where performance absolutely cannot be done on any side of the agreement; or a court has found excessive reasons to null and void a contract; or where a contract is illegal. A court has the right to void said agreement.
Return to Original Position: Where a contract has been voided, all sides should be returned to their original position prior to the agreement, unless damages are awarded under statute or common law.
Plain Meaning Reading: At any time in a contractual dispute, unless a given contract uses specific definitions or utilizes a law that has specific definitions, the words inside its language shall use its normal definitions.
Principles of Criminal Law:
Guilty beyond a Reasonable Doubt: A defendant is assumed not guilty. A plaintiff presenting a criminal prosecution must prove guilty beyond a reasonable doubt to secure a conviction. However, a defendant found not guilty in a criminal trial may still find themselves guilty in a civil trial where the standards of evidence are lower.
Duress Defense: A defendant may not be liable for their conduct if they can verifiable prove that they only committed the crime due to the duress, coercion, or threats.
Insanity Defense: A defendant may not be liable for their conduct if it can be verifiably proven that they were unable to comprehend the consequences of their action. Factors taken into consideration are as follows: newness in the Azalea Isles, lack of job, lack of social understanding, not being in discord, not being in the forums. As remediation, a defendant found not guilty under this defense will be institutionalized and re-educated to help them become a proper citizen.
Self-Defense: It is generally allowed by courts to allow you to use violence to stop a person from committing a physical crime against you or some other person. Prosecution of a crime resulting from Self-Defense is generally frowned upon.
Principles of Civil Dispute:
Possession is Nine-Tenths of the Law: In a property dispute, in the absence of clear and compelling testimony or documentation to the contrary, the person in possession of the property is presumed to be the rightful owner.
Compensatory Damages: Also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered. The amount awarded is based on the proven harm, loss, or injury suffered by the plaintiff.
Punitive Damages: Awarded separately from the compensatory or special damages from an event. Generally awarded only when it is determined that the defendant has acted in a particularly harmful way abnormal of typical situations.
Special Damages: Are a form of remedy that can be claimed by a plaintiff against a defendant for the harm done as a consequence of that defendant's actions. The consequential damages do not necessarily have to arise from the direct wrongful action of the defendant, but result naturally from the act. Generally awarded only when it is proven that these damages came from the initial action and did result in actual harm.
Nominal Damages: Minor damages awarded to a plaintiff in instances where the statutory law or common law can provide no other monetary equity or award for damages.
Principles of Evidence:
Attorney-Client Privilege: At all times, except when specified by law, the private communication between their attorney and their client cannot be used against them in civil or criminal proceedings. Unless said communication is expressed publicly.
Fruit of the Poisonous Tree: At no time may the government present evidence against a defendant that it has not legally or correctly acquired.
Proper Search and Seizure: At all times to avoid the violations of a citizen's right, the government must have proper reasoning to conduct a search or seizure.
Principles of Property:
A Person’s House is One’s Own Castle: A person who owns property or leases a piece of property shall have the right to do what they want within that property. Exception being where law or agreement forbids the person owning or leasing property from that which they want.
Principles of Constitutional Law:
Rights Confer Protection From Public Entities: A right can only protect a person against intrusion from the government or a private entity acting on the behalf of the government. Constitutional protections does not confer on an individual basis.
Judicial Review: The Supreme Court of the Azalea Isles has the power to review laws or executive policy and annul them if they violate a person’s right or rights.
Liberal Construction Reading: The Judiciary shall interpret a citizen’s constitutional rights in a way that applies it to the situation presented and tends to achieve the spirit and purpose of the right.
Collective Body of Reasonable Limitations: A reasonable limitation of a citizen’s rights shall be, only upon close inspection of a given situation, a clear and compelling justification for the infringement. A right shall be treated as absolute unless an exception is formed. The exception shall then apply equally and fairly unless modified by statute, constitutional amendment, or further court decision.