Business Law

LS311 Business Law I

Unit One: Writing Assignment

March 7, 2012

Business Legal System

Common law, precedent, jurisdiction, statute, and remedy all are linked in different ways. The legal system is very meticulous and has been building for many centuries. These five words are a small portion of what makes up the legal system. The legal customs and traditions are always changing and building off of each other to hopefully create a seamless system. It is very interesting to see the different concepts that form to create one big system. The structures of the legal system are broken up into a couple different systems that these legal customs can be found.

Common law and precedent go along with each other given common law is based off the concept of precedence. Knowledge of this tradition is crucial to understanding our legal system today because judges in the United States still apply common law principles when deciding cases (Miller & Jentz, 2008). Common law comes about in a bit of a different way. The judges are the ones that put it together and the legal precedence concept takes effect. Common law would be used any time a case was made and then compared to all other cases so that controversies could be avoided. The principles that are made in previous cases give a reassurance to closing a case. The interpretation of the law in the case is what precedence is. Common law and precedence only come into play at the state level.

Jurisdiction is an area in the system that must be met in order for a case to be done. The jurisdiction has to have a subject matter jurisdiction as well as a personal jurisdiction. This will allow for the power of the courts. There are many different circumstances to create jurisdiction but the main priority is to have residency in that state or even property. Once the jurisdiction is done than statutes, created by legislature, are the primary laws. They come in many different kinds starting with public and private. The full...