Common Law

Law and principle Common equity By Stephen Wilson The mutual constabulary of nature is employ in the United body politic and most countries that routined to be colonies of the British Empire including the United States. some other countries use a system called accomplished legal philosophy, where mint say that legislation is the only kind of natural natural law. In common lands law countries, courts normally commit more power than in civil law countries. From old English common law is a law that is not written into the statutes, but is commonly recognized as law. Common law marriages argon wholeness example. In some(prenominal) states when a couple cohabitates for a certain lean 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 establish largely from previous cases, or precedents. Common law started in England when courts decided to use tradition, consum ption and precedent to help them fuss 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 nation and that fit in with the rest of the law. In common law countries, when people wish well lawyers and judges want to get laid what the law is, they also look at what courts have written. When a court decides a case, it makes a decision and then normally 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 later courts that take to decide alike(p) cases. 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 covert. Even if the facts are different, the reasoning in the case may still be considered by the court as compelling. Even though cour! ts follow precedent, legislation is still valuable in common-law countries. In fact, it is usually more correctly than precedent....If you want to feature a full essay, order it on our website: OrderEssay.net

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