The Common Law - The Common Law Stare decisis et non quieta...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
The Common Law Stare decisis et non quieta movere * Describe The Common Law here. Ah. Well. Glad you asked. But before you do, allow me to see if there is any binding precedent that would prevent this court from granting that motion. .. The Common Law (TOW link ) is the system of law deriving from the traditional "common" laws of England. Originally peculiar to that country, the common law was spread around the world by The British Empire , and is used in some form in 55 jurisdictions around the world. English-speaking tropers will be familiar with it, as it is the law used in the United Kingdom (except Scotland—kind of. ..), the United States (except Louisiana—kind of), Canada (except Quebec. ..sort of), Australia, and New Zealand, and some international organizations* . However, the largest common-law country is in fact India, which uses the common law in all cases except for "personal" or family law (where the law of a person's religion applies; it can get quite confusing). Since this part of the wiki chiefly covers media from the English-speaking world, the common law will show up in a lot of media. As much as the common law seems almost intuitive to people living in these countries, it has a number of odd features. Chief among these is the principle of stare decisis : the decision must stand. This means that courts are required to follow the precedent established by previous judgments, the idea being that if two similar cases come before the court, they ought to be decided the same way both times.* What this means, as a practical matter, is that in common-law systems, judges effectively make laws: once an issue comes before a common-law court, later, similar cases must be decided in the same way. So when a new situation arises, each side generally tries to make the case that the new situation is similar or dissimilar to a situation in one old case or another; the analogy the court likes best stands for all future similar situations.* These decisions are regarded as law within their jurisdictions. Decisions in an area of the law traditionally left alone by legislatures like torts or contracts can
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/17/2012 for the course PSY PSY2012 taught by Professor Scheff during the Winter '09 term at Broward College.

Page1 / 3

The Common Law - The Common Law Stare decisis et non quieta...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online