Business and Justice Info » COMMON LAW http://www.justice4akom.com Presenting Business and Justice Info for People Mon, 30 Jan 2012 12:44:26 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 THE COMMON LAW IN ENGLAND http://www.justice4akom.com/the-common-law-in-england.htm http://www.justice4akom.com/the-common-law-in-england.htm#comments Thu, 29 Apr 2010 01:56:42 +0000 Akbar http://www.justice4akom.com/?p=65 The common law is distinguished from other legal rights endowed parallel court systems. In the middle ages, for example, common law courts were secular, ecclesiastical courts against the Catholic Church. The common law did not address commercial law, corresponding to the mercantile courts (in English, `commercial courts’), or maritime law, admiralty jurisdiction of the court (in English,` the admiralty court “). The most important, their parallels and similarities with the common law, was the call of equity jurisdiction. The solution of equity originated in the early English law when the subjects were presented to the King to demand justice. Later those claims were delegated to the Lord Chancellor and later to a court that was called the chancery court. The equity system created a special body of rules with a higher value than those established by other legal tribunals of the kingdom. At first, the common law courts were more bound by precedent that courts of equity, that provided remedies based on notions of justice to litigants who rejected their technical solutions.

Towards the end of the Middle Ages, the common law and in equity were the most important and comprehensive overview of English law. The common law was evolving into a less formal and the jurisdiction of equity accumulated their specific precedents, so that these two views of judicial law were coming up and growing together. Finally, in the Judiciary Act of 1873 abolished the distinction between common law and equity jurisdiction in England. The final result of the growth and subsequent absorption of the jurisdiction of equity by the common law was the gradual increase of powers of the formal courts.

Since the Industrial Revolution, in response to the growing complexity of law and the need for greater clarity and accessibility, the British Parliament was established as the main source of new laws, amending or adding rules to the body of judicial law. At present the laws of the Parliament have come to encompass most of the legal relations in general. Nevertheless, the common law continues to be important for interpreting the rules are often restatements of the rules and principles of common law primitive.

Possibly Related Articles:

  • COMMON LAW
    The principle underlying the common law is that cases should be resolved by reference to previous judicial decisions, rather than subject exclusively ...
]]> http://www.justice4akom.com/the-common-law-in-england.htm/feed 1 COMMON LAW http://www.justice4akom.com/common-law.htm http://www.justice4akom.com/common-law.htm#comments Tue, 27 Apr 2010 01:42:09 +0000 Akbar http://www.justice4akom.com/?p=63 The principle underlying the common law is that cases should be resolved by reference to previous judicial decisions, rather than subject exclusively to written laws made by legislative bodies. This principle is what distinguishes the common law system of continental European law and of other countries. While in the continental legal, judges resolve cases basing their judgments on legal rules set in advance, in the common law, judges are more focused on the facts of the case to reach a fair and equitable outcomes for litigants .

When it meets a number of judgments about a particular set of similar responses, extract general rules or precedents that become guides for guidance when the judges have to solve similar cases in future. However, subsequent cases can contain various facts and considerations, for example arising from social changes or different technological conditions. A judge at common law is therefore free to get open or dissent from the doctrine established by precedent and have a new rule for the decision, which in turn will become a new precedent if accepted and used by other judges. Thus the common law has a continuing momentum for change. As Supreme Court Judge of the United States Oliver Wendell Holmes wrote in his book The Common Law (1881): “the life of the common law was not logic, but has been experimental.”

In every system of common law outlines a pyramidal structure of courts to define and clarify the law. At the base of the pyramid is the trial court (in English, the court of first instance). In criminal prosecutions, with the judge, also involved a jury: the judge decides and instructs its components on the law and it is they who decide on matters of fact. Except for cases of defamation, malicious prosecution and false imprisonment, which are decided by a jury in civil actions only the judge decides, both in regard to legal questions as to the factual.

Above the lower courts are courts of appeal, made exclusively by judges responsible for arbitrating disputes. These discussions are focused on finding out whether the lower courts have applied the correct legal principles and whether they have drawn the right conclusions from the data established facts in civil cases. The interpretations of law made by the appellate courts are established precedents that inform the decisions of future cases. Keep in mind that the importance of precedent for any court depends on the position of the court in the hierarchical structure described above. For example, a precedent set by an appellate court has a greater legal force to the courts of first instance for the rest of the other courts of appeal.

Possibly Related Articles:

]]> http://www.justice4akom.com/common-law.htm/feed 0