The history of English common law - Реферат

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History derives and meaning the term "common law system". Its main primary connotations. Case law or precedent as the law developed by judges decisions of courts and tribunals. The procedural merger of law and equity. Legal powers and duties of judges.

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The History of English Common Law Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch. A common law system is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called common law and it binds future decisions. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a matter of first impression), judges have the authority and duty to make law by crea

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