Wednesday, September 18, 2013

Common Law

Law and principle Common equity By Stephen Wilson The mutual constabulary of nature is employ in the United region and most countries that routined to be colonies of the British Empire including the United States. more other countries use a system called complaisant practice of justice, where multitude say that legislation is the only kind of justice. In everyday law countries, courts normally commit more power than in civil law countries. From old English green law is a law that is not written into the statutes, but is unremarkably recognized as law. Common law marriages argon iodin example. In some(prenominal) states when a couple cohabitates for a certain chassis of years, they atomic number 18 considered married by common law, even though they have not had a civil ceremony or ghostly ceremony. Common law is ground largely from previous cases, or precedents. Common law started in England when courts decided to use tradition, consumption and pre cedent to help them return decisions. A precedent is something that another(prenominal) court has done in the past. By prospecting at decisions by earlier court, a case law court tries to make decisions that impart not surprise masses and that fit in with the rest of the law. In common law countries, when people wish well lawyers and judges want to see what the law is, they also look at what courts have written.
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When a court decides a case, it makes a decision and then commonly delivers a judgment or an opinion about what the law is. A judgment or courts opinion explains how the court reached its decision, and it is a guide for lat er courts that take to decide alike(p) cas! es. The case sets a precedent. The judgments of higher courts will commonly tell lower courts how they must decide a case on the same or very similar facts - if so, the precedent is said to be cover song. Even if the facts are different, the reasoning in the case whitethorn still be considered by the court as telling. Even though courts follow precedent, legislation is still eventful in common-law countries. In fact, it is usually more herculean than precedent....If you want to feature a full essay, order it on our website: BestEssayCheap.com

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