Common Law Analysis Homework Help

Topic: Common Law Analysis

Introduction

Common law also called “case law” or “precedent” are set of laws which are usually created by judges during litigations and tribunals, albeit from legislative statutes or enforced through executive branch. According to Cantor (1997) in his book concerning common law he echoes that the common law system is a legal structure that proffers immense credence to common law, on the belief that it’s not right to value same aspects dissimilar on diverse occurrences[1]. Common law is the term which assigned to the body of precedent, it usually harness future decisions. When a dispute arises and the involved parties are in a dispute concerning a particular law, the court usually refers o past precedential rulings and make amends from these precedents. This usually occurs as with common law once the court has resolved a dispute, then the reasoning employed in such cases are later exercised in future cases, this ideal is usually known as “decisis.” However, when the court discovers that the new case is distinct from the past cases in legal term it called matter of first impression, and the judges have the mandate to create a precedent that would be used on that case and will bind future cases.

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