Common Law

Law and principle Common equity By Stephen Wilson The ordinary rightfulness of nature is employ in the United terra firma and most countries that routined to be colonies of the British Empire including the United States. many another(prenominal) other countries use a system called gracious uprightness, where stack say that legislation is the only kind of integrity. In rough-cut lawfulness countries, courts normally commit more power than in civil law countries. From old English reciprocal law is a law that is not written into the statutes, but is ordinarily recognized as law. Common law marriages argon whizz example. In some(prenominal) states when a couple cohabitates for a certain function 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 base largely from previous cases, or precedents. Common law started in England when courts decided to use traditi on, consumption and precedent to help them contract 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 populate and that fit in with the rest of the law. In common law countries, when people wish well lawyers and judges want to fill out what the law is, they also look at what courts have written.

When a court decides a case, it makes a decision and then usually 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 ta ke to decide alike(p) cases. The case sets ! a precedent. The judgments of higher courts will commonly tell lower courts how they must(prenominal) decide a case on the same or very similar facts - if so, the precedent is said to be spinal column. Even if the facts are different, the reasoning in the case may still be considered by the court as persuasive. Even though courts follow precedent, legislation is still all-important(a) in common-law countries. In fact, it is usually more powerful than precedent....If you want to feature a full essay, order it on our website: OrderEssay.net

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