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Legal Forums » Legal » Common law is a legal system
Started Nov 19 2012, 15:44
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Nov 19 2012, 15:44
Common law could be a system that's mostly fashioned by the selections antecedently created by courts and not obligatory by legislatures or alternative organization. The reasoning wont to interpret this sort of law is understood as casuistry, or case-based reasoning. it's a strict, principle-based reasoning that uses the circumstances of a case to guage the laws that square measure applicable. selections that were created regarding similar cases square measure valuable, and also the case in question is evaluated on the idea of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning supported them.
The term "common law" additionally underlines the very fact that this sort of law didn't originate from equity, maritime and alternative special branches of law. Statutes function transient explanations of law and so don't seem to be terribly instructive . Codification is that the method by that a sculpture is passed, expressed inside one document, in order that it's understood inside existing law instead of making the requirement for brand new laws.
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