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Judges use precedent when deciding a case in a common law legal system?
Wiki User
∙ 11y ago
The question above (which is actually a statement) is not entirely correct as given. See the following definition of Common Law;
"Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Common law changes over time."
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Wiki User
∙ 14y ago
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Do judges use precedents when deciding a case in a common law legal system?
yes
Why would a judge want to look for a precedent when deciding a case?
so he/she has someone else to look at the evidence with and make a better decision
What describes using prior cases as a guide for deciding similar new cases?
Using prior cases as a guide for deciding similar new cases is known as precedent. This concept is fundamental in common law legal systems where past decisions by higher courts serve as authoritative guidance for current and future cases. Precedent helps ensure consistency, predictability, and fairness in the legal system.
What does the system of judicial precedent mean?
The way the question is asked: USING judicial precedent, means that the judge is following the lead of a decision in a similar case that has already been decided upon and he is ruling the same way using the other case as a guideline. If the questioner meant to ask what does SETTING judicial precedent mean. . . that means that the judge was rendering a decision in a case of a type that had never been tried, or ruled upon, in the past, and that his verdict would set the 'precedent' by which all future cases might be judged. Judges, by the way, do NOT necessarily have to follow precedent in making rulings.
A judges view of law if of little importance in a common legal system?
A judge's interpretation of the law is crucial in a common legal system as they are responsible for applying and clarifying legal principles in specific cases. Their decisions contribute to the development of legal precedent and the evolution of the legal system. Additionally, judges play a key role in ensuring consistency and fairness in the application of the law.
Do judges make law in common law countries?
Common Law is made by judges particularly in areas of torts and contracts. Marbury vs. Madison is a famous case in which the U.S. Supreme Court decided that it had a right to review and strike down laws made by Congress even though nothing in the U.S. Constitution gave the court that power. Jury decisions do not set legal precedent.
What is a system of a law based on precedent and customs called?
The Common Law
What is a system of law based on precedent a customs called?
The Common Law
What is the legal basis for the suit?
In the early days of English history, the kings tried to centralize the English government and establish a court system. Judges, called justices or magistrates, traveled in circuits around the countryside deciding cases. Because there was no written law, judges often made decisions based on the customs and traditions of the people. Judges shared their decisions with other judges and made every effort to share the same law "in common" with everyone else throughout the country. This practice formed the basis of Common Law. This practice led to the doctoring of precedent
How would you define common law?
Common laws are one of the many types of law that Intellectual Property covers. Some of the common laws include trademark registration and protection as well as requiring payment and authorization for using any arts that are not in the public domain.
How does the doctrine of judicial precedent operate within the English legal system as the means by which a judge may restrict the doctrine's operation?
If a judge has ruled on the same or similar issue in the past, the current and future judges are supposed to abide by that decision unless there is an extreme or compelling reason not to follow the precedent.
When was common law precedent enacted or affected?
Common law precedent simply refers to the tradition in the Anglo-American legal system of following the rules set down in previous cases involving the same facts. As such, there is no particular time when common law precedent was enacted or affected as a general matter. Each particular precedent came into being when the first case that addressed the issue was decided.
