International Laws : A Common Law System

Common law is formed on the basis that courts will make decisions based on past judgments (Letwin, 2011). Cases with similar circumstances will be ruled in the saw way. In most cases the common law will combine with statutory and constitutional law in order to make decisions. Common law bases on the fact that court cases will be primarily ruled on precedent (Aspen Publishers, 2010). The common law is crucial to understanding almost all important

On the fourth of July in 1776 the United States became an independent nation. At that point in time, the foundation for a formal legal system was put into place. One of the oldest sources of law is the common law, which dates back to the colonial days. In the case of Davis v. Baugh, the common law rule was used in the first court trial. Common law refers back to precedent cases of similar disputes and assists the judge in making a decision after comparing both cases. Utilizing this ruling to resolve disputes in court is very helpful because it provides uniformity in court. This rule also provides an expectation of what the verdict will be based off the prior cases. Most importantly, common law allows the judge to remain neutral without the implication of personal bias on each case (Meiners, 2012, pp. 9-10).

The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.

When a legislature offers an affirmed legal code, it is then a statutory law. The process of statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law. This new statue acts as a primary law and must the followed from then on out. Statutory law differs from common law, which is a law made a judge. "Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has made its decision on particular case the same ruling will be applied to any similar case that follows. Stare decisis is important because it allows predictability to law. This way, things stay the same, and laws can be more easily applied in cases. However, because new problems are constantly arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

Historically, common law emphasized the importance of judicial decisions rather than utilizing the structure of codes, legal rules, and statutes as courts do today. In the past, judges documented and issued their decisions which were later circulated from one court to another and became known as common law. In cases where parties disagreed, common law court would look at previous decisions made in related cases and incorporate those decisions into the current case (Siegel, et al., 2011). If similar disputes had been resolved in the previous case, the court would utilize the same perspective to resolve their current case. This became known as precedent and like common law, continues to be utilized in today’s court system (Siegel, et al., 2011).

* Case Law/Precedent/STARE DECISIS – Case Law is the doctrines and principles announced in cases. It governs all areas not covered by statutory law or administrative law and is part of our common law tradition. A Precedent is a decision that furnished an example of authority for deciding subsequent cases involving identical or similar legal principles or facts. For example, when a judge is making a ruling on a case, the judge may refer back to a similar case to see what the previous ruling was to keep the result similar. Stare Decisis is the practice of this process, deciding new cases with reference

Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

Common law is law originating from use and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making (Schmalleger). The judge

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

What does precedent mean in regards to common law? It means that if there is a case that was previously decided on that has established a principle or rule that could be used by a judicial when deciding cases that tend to be very similar in issues or facts. So, how many different doctrine of precedent are there? Well, there are two basic

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.

Common Law is