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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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The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior

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Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it.

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