A Brief Overview of Common Law System
Introduction
Common law is a legal system that originated in England and has been adopted by many other countries, including the United States.
Precedent-based System
One of the key features of common law is the use of precedent, meaning that judges rely on previous judicial decisions when deciding cases.
Judicial interpretation
In common law, judges are responsible for interpreting the law and determining how it applies to specific cases. They consider the facts of each case and apply legal principles to determine the outcome.
Case Law
Common law is characterized by the use of case law, which refers to the decisions made by judges in previous cases. These decisions serve as a guide for future decisions, creating a system of legal precedent that helps to ensure consistency and predictability in the law.
Protection of Individual Rights
Common law recognizes the importance of individual rights and liberties. The system is designed to protect individual rights and to limit the power of the government. This is reflected in the development of legal doctrines such as habeas corpus, due process, and the presumption of innocence.
Conclusion
Overall, common law is a flexible and adaptable legal system that has evolved over time to meet the changing needs of society. It is a system that places great importance on precedent, individual rights, and the rule of law.
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