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¶ … law tradition -- followed by most Western nations and others as well -- was originated in England during the Middle Ages, according to the School of Law at the University of California at Berkeley. While the common law tradition became part of civil law in England, it was carried across the Atlantic by the first European settlers in the New World. Generally speaking the common law concept is based on precedent, and the precedent set in England in the Middle Ages and carried through to today -- when referring to common law marriage -- is that after a couple has cohabitated for a certain number of years, they are to be considered legally married. In other words, common law (which entails far more than just marriage issues) is based on custom, or on precedent, rather than civil or ecclesiastical law.
Common Law -- What is it?
The School of Law at Berkeley explains that English civil law emerged in different ways and patterns from other countries in Europe "…for a number of different reasons" (law.berkeley.edu). In the first place, during the Middle Ages Kings made laws by decree, but...
In time, the two courts (the King's and the court of Chancery) functioned separately, and only by 17th century, "…did common law triumph over other laws" (law.berkeley.edu). That happened when the English Parliament "established a permanent check on the power of the English King and claimed the right to define the common law and declare other laws subsidiary to it" (law.berkeley.edu). In England common law led to legislative decisions, and generally speaking common law is not "codified." On the other hand, civil law was and is codified. In other words, common law does not have a "comprehensive compilation of legal rules and statutes" while civil law has numerous rules and statutes.
What are the sources of American law?
The Berkeley Law school article explains that the American legal system "…remains firmly within the common law tradition," which, as explained earlier, was brought from England. In California, the state has…
Works Cited
FindLaw.com. (2009). What is the Difference Between a Legal and Equitable Claim? Retrieved
May 12, 2013, from http://litigation.findlaw.com.
University of California / Berkeley. (2010). The Common Law and Civil Law Traditions.
Retrieved May 12, 2013, from http://www.law.berkeley.edu.
Virginia's State Court System The state of Virginia's court system is structure in a way that is similar to, though not identical to, the federal court system in the United States. "The present system consists of four levels of courts: the Supreme Court, the Court of Appeals, the circuit courts, and the district courts. In addition, magistrates serve as judicial officers with authority to issue various types of processes. The courts
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.). Part 1.2.1 - Civil
Law of Purchasing Supply What constitutes a contractual 'offer' according to English law? Your report should include references to common law, statute law, and European Union Law where appropriate. A contractual offer is when two parties display a willingness to enter into a contract. They understand that it will be binding once the offeree accepts the agreement. When a party is requested to offer a contract, this invitation to treat can be
U.S. Laws Americans have been gathering together to make laws since the colonial times. This process is continued today in order to maintain a well-regulated society. Even though specific procedures for creating law have developed over time, democratic law-making remains marked by a necessitate to have the approval of the people, a system of checks and balances, and public policy elasticity matched to the problems of time and place (Bakken,
Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone. Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana
Sentencing, and Punishment England and Wales work on an adversarial principle when it comes to law enforcement. The adversarial principle states that "that a person is not considered to be guilty of a crime simply on the word of a government official" or any other means other than a guilty verdict given by a court of law (Davies, 2000). Thus, when a suspect is arrested, arraigned, and questioned, he or