Baltimore

Ezgi Gulnaz KAYAR

CHAPTER 1 - LAW: PURPOSES AND SOURCES

4) Describe three advantages of the common-law (case-law) system 

1. The common law makes more sense for the following existing life of actions. It is not big difference from existing life case with common law. It can be comparable than precedent case because there can be similar case with the previous case, so the common law system helps to organize and compare according to precedent cases.

2. The common law is adaptable law because the cases can adapt with connected precedent case. It means that can change according to similar cases. According to new cases can be similar with precedents.

3. Power is not given to government directly for constitution in court because there have to follow the precedent case and they have to check. They cannot put directly new rule according their issue. If there is no similar case, they can put new one but firstly they have to control precedent cases according to the common law system. The case cannot change easily with government efforts.

5) The basic characteristic of the common law is that a case, once decided, establishes a precedent that will be followed by the courts when similar issues arise later. Yet courts do not always follow precedent. Why?

The world system is changed and became the global system, so the courts aren’t able to follow always precedents with new world system. According modern world, everything is changing, so it is hard to depend precedents with new economical system too. To adapt the cases according to precedents which are really hard according to new economical changes inside of global world markets. Every case could be different than others in nowadays because of globalization benefits, so the courts wouldn’t be able to follow always the precedents.