Law-01b - Chapter 1 Introduction to Law The Common Law...

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Chapter 1 Introduction to Law
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The Common Law Tradition American law is based on the English legal system. Establishment began shortly after 1066 (Battle of Hastings) Courts of law and equity were separate. Courts of law could only grant legal remedies - the award of damages. Courts of equity could grant other remedies (specific performance, injunction, rescission, reformation, orders - remedies other than money) Today, courts of law and equity are merged, except in Arkansas.
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The Common Law Tradition Common law is judge-made law. That means that decisions of judges have the weight of law, just like statutes passed by legislators. Because judicial decisions are themselves law, judges try to decide similar cases similarly, as each case served as a precedent for future cases.
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Stare Decisis Latin - to abide by decided cases Stare Decisis is the doctrine that, when a court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases where facts are substantially the same, regardless of whether the parties and property are the same.
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This note was uploaded on 04/09/2008 for the course BUS 340 taught by Professor Langenderfer during the Spring '08 term at Meredith.

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Law-01b - Chapter 1 Introduction to Law The Common Law...

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