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under the common law system, judicial decisions in cases served the dual function of settling controversies and establishing precedents.
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Is West's Analysis of American Law primary or secondary authority?
West's Analysis of American Law is considered a secondary authority. It provides commentary and analysis on legal topics rather than directly interpreting primary sources of law.
The common law of the past that is based on a decision made by judges is called?
The common law of the past based on judges' decisions is referred to as case law. This forms the basis for legal principles and precedents in common law legal systems.
What is Primary achievement of the English Common Law system?
The primary achievement of the English Common Law system is the development of a comprehensive framework of legal principles and precedents that have been refined over centuries through judicial decisions. This system established the principles of justice, fairness, and consistency in legal proceedings, which have influenced legal systems around the world.
Explain the basis of common law?
Common law is based on judicial decisions and precedents established in court cases. It relies on the principle of stare decisis, which means that decisions made in prior cases serve as a basis for resolving similar issues in future cases. This system of law contrasts with civil law, which is based on codified statutes.
What is equity law where did it come from?
Equity law is a system of law that developed in England to provide remedies that were not available under common law. It developed in the Court of Chancery, which was separate from the common law courts, to address situations where the strict application of common law rules led to injustice. Equity law is based on principles of fairness, justice, and conscience.
What is Primary achievement of the English Common Law system?
The primary achievement of the English Common Law system is the development of a comprehensive framework of legal principles and precedents that have been refined over centuries through judicial decisions. This system established the principles of justice, fairness, and consistency in legal proceedings, which have influenced legal systems around the world.
The original basis of most legal systems today is what law?
The basis of most WESTERN law systems is Common Law.
When there is no law?
The common term for having no law, or legal basis, is "anarchy".
US law is a hybrid of French Common Law and Greek Civil Law both framed by our constitution?
No, the basis of US law is the English common law.
What is the basis for the rights described in the Sixth Amendment?
common law
Is the English legal system the same as American legal system?
Common law encompasses law that is "understood" rather than legislated by Congress, in the U.S. Common law in the US began with the common law of England. So English common law is part of the basis of law in the U.S. Where there is no legislated law in a particular area and courts have cases in those areas - the court will turn to common law for guidance on what the law is and how the case should be decided. This is a simplified answer but specifically to your question - NO, they are not "the same" in the US and England.
Are liberties examples of man-made law or common law?
Actually, both. Most/All began with a basis in common law and have since been codified into "man-made" (Statute) law.
Is West's Analysis of American Law primary or secondary authority?
West's Analysis of American Law is considered a secondary authority. It provides commentary and analysis on legal topics rather than directly interpreting primary sources of law.
Which of the states uses the Napoleonic code rather than the English common law as the basis of its civil law?
Louisiana is the only state to use the Napoleonic code instead of common law. They do use the common law for criminal matters.
From where does most American common law derive?
transportation
What is equity law and where did it come from?
The law is a system of rules that resolves disputes on the basis of fairness. It was developed in the king's courts in England and merged with common law in america
Which comes first in courts common law or statute law?
Statutory law is "first" in a general sense since most everything is codified these days. Many statutes (especially criminal law and property law) have their basis on the common law handed down from England.
