Legal Systems Of The English Legal System

1622 Words Nov 8th, 2015 7 Pages
The term ‘common law’ is the name given to legal systems who embrace the English legal system. Originally, it was created as a case law, judge made centered system. It set out to focus on legal principles, which were created by judicial verdict. However, over time the body of the legal principles matured from the courts, as now, when a judge handles a case, they have to set out to establish what the facts are proceeding the case, and how to determine how the law applies to those facts. When making a verdict of how the law applies to set of facts, a system of precedent will be emplaced. In turn, the courts will form a hierarchy, this is because findings of the higher courts bind the lower courts together, thus, meaning that they will both be required to apply the same doctrine of law as the higher court when confronted with similar cases. (The Open University, 2015, p.5)
In common law, the distinctive feature is how it represents the law of the courts in judicial verdicts. This is because the grounds for disputing cases are found in precedents given by past accord. However, another feature of common law would be the doctrine of the suprecemy of the law, this means that acts of government bodies are subject to inquiry in typical legal proceedings. The latin phrase of ‘stare decisis’ (let the decision stand) is used in Judicial precedents, which in turn, means that the earlier verdicts of the highest court in the jurisdictions, as therefore binding on all other courts. (The…
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