Common Law Tradition

•What is common law tradition?

The common law tradition contains the following four aspects:

1. Origins of the Common Law

The common law , which is the basis of the American legal system, is initially from medieval England. In 1066, after the conquest of England , the Conqueror William established the king’s courts also called curiae in order to conquer England better.The courts also improved the common law.

2. Legal and Equitable Remedies

The common law also contains the remedies at law, which means the money or items of value,as well as remedies in equity ,which means the performance, injunction, and rescission of a contractual obligation.

3. Case Precedents and the Doctrine of Stare Decisis

When the judges make their judgements according to the similar cases happened before in order to keep the consistency of the law, called precedents.The doctrine of stare decisis, which resulted from the the practise of precedents, became a basis of the common law tradition.

4. Stare Decisis and Legal Reasoning

When the judges provide the law to the facts of the precise cases, it is called legal reasoning.It contains knowing the case very well, providing the fitting legal rules and outlining a conclusion.The methods such as deductive reasoning , linear reasoning , or reasioning by analogy might be used when the judges apply their legal reasoning.

•What is precedent? When might a court depart from a precedent?

In some situation, the judges make their judgements according to the similar cases happened before in order to keep the consistency of the law.The similar cases is precedent. That is , not only does the legal precedent means a judgement is maded with an example, it also means authority for determining the later cases according to the identical or resembling legal cases.

The courts would not follow the precedent if they convince that the dominant precedent is not right or not applicable to put into practise in a different environment.

•What are some...