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Pros And Cons Of Common Law System

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Where the Law Comes From - Source

How would you explain or describe common law, stare decisis and the use of precedence in the United States? What do you think about the power of the courts under this system? What are the pros and cons (good and bad) aspects of this type of legal system?

Law comes from constitution, statutes, regulations, cases, common law principles. For example, common law is derived from the customs and judicial decisions in English and the federal government, which is not belong to legislate. The word “common” applies to all the men, places and all the kind’s land. The common law has diversity, universality and limitations. For example, the common law legal systems in America are originated in medieval England, which is developed from the common law tradition. The common laws are used to solve common kinds of disputes, and it is not only for the nobles but also for the common men. Law is supreme and it has unified courts. Everyone has the responsibility to follow the law, even rulers. A common law system is a legal system, which is trial of jury and follow with the principle of stare decisis. …show more content…

The common law adhered to using the precedent of previous cases as sources of law to trial of the current cases. Under the stare decisis, if the situation of the case is similar to the decided cases, the same court or lower courts have to follow the same jurisdiction of the precedent. Otherwise, the court has the rights to modify, extend and refuse to apply the cases. For example, if there is no precedent as a reference to the current dispute, the court has the right and obligation to enact laws to create a precedent. Furthermore, a court cannot overturn precedent in addition to a compelling reason. The use of precedence in the United States helps the courts to solve the case more efficiently and particularly analyzed similar

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