Common Law

November 27, 2009

Common law is a law that comes from the decisions of judges who work in courts on several tribunals. Common law is another kind of legal system that gives lot of different opinions of treatment for different occasions. Judges refer to the past decisions of a particular case and make a comparison to consider a decision. In case a particular case is quite distinct from the past cases, judges are entitled to make law by passing a precedent which is followed by logic and reason on the basic principle of stare decisis.

Common law systems are considered as most complicated and the decisions of courts are bound by a particular jurisdiction. For example, decisions issued by appellate courts are also in order with the lower courts within the same jurisdiction. Common law legal system is widely in use and it originated from England and there are many countries which carried the legal system from England such as United States, Singapore, Canada and many other nations. Some of the important issues that are handled by common law are civil liability and crime. The problems which common people face in their daily life are numerous such as a menace with neighbor, nuisance in the apartment or robbery or such as these problems are many in the daily living of common people. People really do not know whom to approach and solve their problem.

Common law protects people from such suffering and intolerable nuisance and punishes who are guilty. Civil liability and crime are the two main focused areas of common law which are taken up by several judges of various tribunals and sutiable decisions are issued by the principle of stare decisis. Liability of any sort between two individuals or any dispute that has arisen by staying as neighbors in an apartment or building are some of the common cases that are produced before the courts under the common law legal system. To analyse each case, judges can apply suitable provisions of social system or can take independent decisions as precedent depending on the unique nature of a particular case. Common law is considered as a huge storehouse for conducting and preserving several results of cases and the common law is greatly in use all over the world. It is also treated as a scientific lab in United States and Canada wherein various law tests are conducted, observations made and adjustments are made to take a decision.

It is both evolutionary and revolutionary with the fact that people carry lot of problems and these have to solved under the common law and legal system. There are series of events, series of occurrences, involvement of different people which require a suitable decision to solve the case. Therefore, the importance and significance of common law is very great and in fact the remedies offered under the common law are perfect and law abiding. In fact common law is a great blessing to the common people to find a way and to rescue themselves from a problem.

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