Common Law, An Innovation Of The English Courts

Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.

This soon developed into the common law system, where the decision of the judge are followed by other judges to enable them to decide cases with similar facts in a like manner. Apart from the Mabo v Queensland case, customary law is seen to be only relevant when sentencing Indigenous Australians of an

Before I started compare between common law and civil law I want to describe each one of them. Common law focuses in the old laws and takes it as source for any new for any new case and the basic for this law is UK law system. On the other hand, Civil law is about organizing the relation between the people in the same society and it is focusing in public law. However, I am going to compare between common law and civil law in legal system, the rule of judges, constitution, and jury of opinion, historical background, and source of law.

Common law relies on precedents set by other courts (QuickMBA, 2010). In applying this law, judges refer to the findings and rulings of other courts (QuickMBA, 2010). This law is mostly used in state courts (QuickMBA, 2012). The origins of this practice can be traced back to the 13th century, when the royal judges began writing their decisions and the reasons that informed them (QuickMBA, 2012). The Common law is often applied in solving cases involving schools. These cases revolve around the freedom of expression.

Zines Leslie, ‘The Common law in Australia: Its nature and Constitutional Significance ‘(Federation Press, 1999)

The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law.

Judicial decisions have a big impact on the development and application of English common law because judicial decisions that were made in previous cases are generally taken into account and followed in similar cases in the future. Judicial decisions in the English common law are binding which means that they can usually only be reversed by a higher court (or incase the decision comes from the highest court, by the same court). Repeated similar decisions on similar cases therefore shape the law and provide certainty as well as certain predictability that similar cases will be treated alike.

From the history, in the time of Henry II, the law was based only on the customs that were then applied by all other judges all around the country, known as common law. Common law principles created the basis for today’s law and helps distinguish between the law created by previous decisions and the law created by legislation. For instance, murder is a common law because it is not defined by the Act of Parliament, unlike theft what is defined by Theft Act 1968. Martin(2010)

In Australia, the current legal system built around the British Parliament is one of complexity and order. It regulates the way the population functions, serving as a structure of laws informing what people can and can’t do. Established on the 1st of January, 1901, the Commonwealth of Australia was made with a constitution forming 3 branches of government; the executive, legislature and judiciary. This became the foundation of how the law would be created, enforced and interpreted depicting how society would be controlled. In reference to commercial law which revolves around business activity, the commercial world is concerned strongly with law of contract, law of agency and consumer law. Interacting with this idea is also the role that morals and values play in society and how heavily they influence the way in which disputes are resolved. This prompting

Common law is also known as case law, or law by precedent, is a type of legal tradition developed through decisions of legal bodies (courts, tribunals, etc.). Common law systems originated in Anglo-Saxon England as opposed to the Roman Empire, and believe that legal precedent, based on cultural tradition, should carry more weight that judicial mandates. Courts look at an incident and use what was found and decided as a way to base future decisions, thus guaranteeing a more solid legal tradition; but only binding in particular jurisdictions (Plucknett, 2001). Law in the United States is based on common law, using the Constitution as the backbone for all legal theory. The system of law coming from the three branches of government and moving from the Federal system down to the local levels, and in the case of appeals, from the local level up to the U.S. Supreme Court, is part of the idea of federalism and is based on the assumption

The Civil law is different from Common law systems in many areas. Source of law is one of the important part from each legal system in the world. Source of law is the fundamental different between both of them. In civil law the prime source or basis of the law is legislation, and big areas are codified in a systematic manner, these codes shape a very distinctive feature of a Romanist legal system, or the so-called civil law, although in the form of statutes duly enacted by the proper legislative procedure, the courts should apply the law, statutes and codes. In civil-law systems, by opposite, codes and statutes are created to cover all eventualities and judges have a more restricted role of applying the law to the case in hand, past judgments are no more than loose guides. The legislation helps judges to end issues when come to the court.

The court system in England and Wales means a thousand years of history and development throughout different political and social climates. This essay will provide a brief history of this evolution and evaluation of some advantages and disadvantages of a modern jury system.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

English Common Law and Civil Law are very much a different way that countries apply the law. One of the main differences being that the Common law is largely based on precedent which means that that the decision that a judge needs to make was most likely already made in the similar case. Because Common law uses case law as their reference for future cases, judges have a huge role in making the Common Law to what it is today and what it will be like in the future. Precedents are kept up to date through the years and are historically documented in collections of case law. The verdict in cases that follow the common law is decided by the jury which is a group of normal people that have no legal background that listens to

The judges in the lower courts are bound to follow previous decision of the higher courts. It is an essential component of the common law as it is important of adequate law reporting. It is a decision of the court used as a source for future decision-making.