For other uses‚ see Common law (disambiguation). Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals‚ as opposed to statutes adopted through the legislative process or regulations issued by the executive branch[1]. A "common law system" is a legal system that gives great precedential weight to common law‚[2] on the principle that it is unfair to treat similar facts differently on different occasions.[3] The body of precedent is
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The term "common law" originally derives from the 1150s and 1160s‚ when Henry II of England established the secular English tribunals. The "common law" was the law that emerged as "common" throughout the realm (as distinct from the various legal codes that preceded it‚ such as Mercian law‚ the Danelaw and the law of Wessex)[43] as the king’s judges followed each other’s decisions to create a unified common law throughout England. The doctrine of precedent developed during the 12th and 13th centuries
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International College of Business and Human Resources Development Common Law Assignment 1 BMT: 387-09-09 Task 1(P1) A contract may be defined as an agreement which legally binds the parties. A party to a contract is bound because he has agreed to be bound. The underlying theory then is that a contract is the outcome of ‘consenting minds’. Parties are not judged by what is in their minds what they have said‚ written or done. Contracts are
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Legal Systems of the World: Differences between Common Law‚ Civil Law‚ Customary Law & Theocratic Law Globalization is the shift toward a more interdependent and integrated global economy‚ fueled by declining trade and investment barriers and new technologies‚ such as the internet‚ which creates greater opportunities for international business. International business encompasses a full range of companies‚ from a large multinational firm with thousands of employees doing businesses in many
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Common and Civil law legal systems According to Zimmermann there are "as many legal systems as there are national states". Every country has its own unique legal system. However‚ we can allocate among them three main legal systems. These are: Civil Law‚ Common Law and Islamic Law. Civil and Common Laws are the most influential legal systems in the world‚ especially in its Western part. All three of these legal systems have existed and developed for many centuries. Further will follow the description
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Many Continental European systems use the "civil law" method. Under that system‚ all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side’s view‚ he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also‚ do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment‚ in addition
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Civil Law Aims‚ Parties‚ Why we require civil law and areas of civil law. A civil case is a lawsuit between one person (or organisation) against another. To right a perceived wrong in a legal sense. It can include cases of defamation‚ neighbour disputes‚ negligence leading to personal injury or the recovery of debts. Judgements in a civil case could include payment of damages (and court costs) or an enforceable court order. The purpose of civil law is to uphold the rights of individuals and
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Civil law study guide Chapter 1 1. Why does the study of law involve more than simply memorizing rules? simply memorizing the holding or "rule" of a case‚ you must be able to identify the particular factors that led the court to decide the case the way it did‚ and then determine whether those same factors are present in the case you’re now considering. 2. What is legal reasoning? The applying of the legal rules to a client’s specific factual situation 3. What is the doctrine of stare decisis
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Originally‚ common law was customary law‚ folk law‚ based on precedent. There was of course statutory law -- the king’s law -- but common law guided how it was enforced and administered. No real common law exists today‚ having been entirely codified as statutory law throughout the English-speaking world. There remains‚ however‚ what are sometimes termed common law rights. Now and again‚ a new situation arises where there is no law to guide a judge‚ but where there really is something to adjudicate
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did common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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