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Topic: Where can I find Common Law referenced in your class?

Created on: 02/02/23 02:57 PM

Replies: 1

TRACY12


Joined: 08/24/21

Posts: 2

Where can I find Common Law referenced in your class?
02/02/23 2:57 PM

I'm trying to find Common Law.

Here is an example where common law is referenced from Jurisdictionary: It has been said at common law an unconscionable contract is one that "no man in his right mind not under delusion would make on the one hand, and no fair and honest man would attempt to enforce on the other."

I've heard English common law originates from the Magna Carta?

Tracy B

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JIMMY8


Joined: 06/15/23

Posts: 21

RE: Where can I find Common Law referenced in your class?
01/07/24 10:19 AM

Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in novel cases where the outcome cannot be determined based on existing statutes or written rules of law.

The common law system originated in England and was later adopted by many other countries that were former British colonies, including the United States. It is a system that is characterized by the doctrine of legal precedent; judges refer to past decisions (precedents) to resolve a case before them.

Here are some key features of the common law system:
1. Legal Precedents: Past judicial decisions are considered authoritative in the resolution of similar cases. Courts will often follow the rulings of higher courts in their jurisdiction.
2. Judge-Made Law: Judges have the authority to create law through their decisions, interpretations, and rulings. This is often done where a case involves a situation not previously addressed by existing legislation.
3. Adversarial System: The common law operates under an adversarial system, where two or more opposing parties present their case to an impartial judge. The judge or jury then decides the case based on the evidence and arguments.
4. Doctrine of Stare Decisis: This doctrine underpins the common law system, meaning that courts are obliged to respect the precedent established by prior decisions. "Stare decisis" is a Latin term that means "to stand by things decided."
5. Flexibility: As society changes, the common law can evolve through judicial decisions that adapt legal precedents to reflect contemporary norms and values. This allows the law to respond to new situations without the need for legislative change.
6. Distinguishing Precedent: If a court finds that the facts of a current case are materially different from a previous decision (precedent), it may rule differently, thus distinguishing the new case from the precedent.
7. Case Law and Reporting: Decisions of higher courts are often recorded

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