ADMS 2610 Chapter Notes - Chapter 1: Precedent, Substantive Law, Procedural Law
4 Dec 2018
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Q: explain the common law system, and how it relates to the function of the courts. A: the common law system, legal system relying on the decisions of judges / the courts to as the major source of legal principle. A: stare decisis, the decision stands, the fact that each ruling is binding on lower courts in future cases involving similar facts, the common law system would not function if decisions were not binding. Decisions are the source of principles of law. A: equity is a separate set of principles, evolved at some later time, to step in and supercede where common law principles as established yielded a result that was unfair, or unjust. A: the common law system, the system of relying on the decisions of judges over time to establish legal principle. The civil code system of law, where the substantive civil law (i. e. law that is not criminal) is codified in a statute.
