Outline Paper Title: the Common Law Tradition and Sources of Law Essay

I. THESIS STATEMENTA. Common justness is a legal carcass that is for the most part strivinged by the decisions previously make by courts and not imposed by legislatures or other government officials. The cogitate utilise to interpret this fiber of jurisprudence is kn receive as casuistry, or illustration-based causality out. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the legalitys that argon applicable. Decisions that were made about(predicate) similar cases ar valuable, and the case in question is evaluated on the basis of prehistoric cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term familiar legality also underlines the fact that this type of legality did not originate from equity, oceanic and other special branches of practice of justness. Statutes serve as brief explanations of equity and therefore be not very explanatory.Codification is the mathematical operation by which a statue is passed, expressed inwardly a single document, so that it is understood deep d throw existing law kind of than creating the need for new laws. C. The third e solid ground-law system prevails in England, the f wholly in raises, and other countries laidtled by England. The common-law system is used in all the states of the linked States leave off Louisiana, where French Civil fairness feature with slope Criminal Law to form a hybrid system. Anglo-Ameri croupe common law traces its roots to the medieval idea that the law as handed down from the tycoons courts represented the common customs duty-built of the people.II. WHAT IS COMMON virtue?A. Common Law is the body of law highly-developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.III. WHAT ar THE SOURCES OF AMERICAN law?A. The unify States brass and the characters of the various states B. statutory Law including laws passed by relation back, state legislatures, and local governing bodies. C. Regulations created by administrative agencies (such as the United States nutrient and Drug Administration). D. Case law and common law doctrines.E. Secondary sources of law atomic number 18 books and articles that summarize and clarify the primary sources of law (i.e., legal encyclopedias, treatises, and articles in law reviews). some(prenominal) Sources implicit in(p), statutory, and case lawthese are your tools. The United States make-up is the overriding document. It is the Supreme Law of the Land. apiecestate has its own constitution. State and federal official statutes are see by judgesthrough case law. These sources play in each practice area. For voice,constitutional law governs searches and seizures in a criminal matter. Statutesprovide the framework for real(a) estate transactions, and case law interprets andapplies twain constitutional and statutory law. There is more than to learn.IV. CONSITUTIONAL LAWA. The national Constitutioni. The United States Constitution, as amended, is the supreme law of the land. ii. A law in violation of the United States Constitution leave behind be declare unconstitutional and forget not be enforced. iii. The United States Constitution sets forth the powers of the lead branches of the federal government and the relationship mingled with the three branches. iv. Constitutional Rights1. The first decade amendments to the United States Constitution are ordinarily realizen as the Bill of Rights. v. The begs and Constitutional Law1. The broad principles enunciated in the Constitution are given over form and snapper by the courts.2. Courts Balance the Right to cease Speecha. Even though the prototypal Amendment guarantees the right to free reservoir, the Supreme Court has made it clear that certain types of speech will not be protected.3. relieve Speech and the Interneta. The Internet has raised(a) new problems for the c ourts in determining how to sic and apply the protections of free speech.B. State Constitutionsi. Each state also has a constitution that sets forth the general organization, powers, and limits of the state government. ii. A state constitution is supreme within the states respective borders, so long as it does not betrothal with the United States Constitution. C. Constitutional Law and the legal assistanti. legal assistants very much assist attorneys in discussion cases that involve constitutional rights or provisions. ii. intimacy of constitutional law is beneficial because the office and underlying rationale for the substantive and adjectival laws governing many areas of law are found in the Constitution.V. STATUTORY LAWA. Statutes are the laws enacted by legislative bodies at any level of government.B. Federal Statutes.i. Federal statutes are enacted by the United States Congress and apply to every state. ii. every federal statute that violates the United States Constituti on will be held unconstitutional.C. State and Local Statutes and Ordinancesi. State statutes are laws enacted by state legislatures. ii. Any state law that is found to betrothal with the United State Constitution, or with that states constitution, will be deemed unconstitutional.D. identical Lawsi. alike (model) statutes are drafted for word sense by the states. ii. A state can adopt or reject all or part of a logical law, as the state legislature wishes. iii. An example of a uniform law is the Uniform Commercial Code (UCC).E. The Expanding Scope of Statutory Lawi. Legislative bodies and administrative agencies walk out an ever-increasing share of lawma major power.F. Statutory Law and the legal assistanti. A paralegal whitethorn often assist in cases involving violations of statutory law. ii. A paralegal working on cases governed by statutory law needs to know how to both locate and interpret the germane(predicate) state or federal statutes.VI. administrative LAWA. Agency Cre ation and modus operandii. Administrative agencies are created by legislatures to accord and enforce legislation and to issue rules to experience the goals of specific legislation. ii. Examples of federal administrative agencies are1. Environmental Protection Agency2. occupational Safety and Health Administration3. nutriment and Drug Administration.A. Administrative Law and the Paralegali. Paralegals frequently deal with administrative agencies. 1. Paralegals may also work for administrative agencies, drawing new rules, mediating disputes, and numerous other tasks. Consulting CasesCase law represents judicial opinions. Judicial opinions represent opinions scripted by judgeson a particular case. intellect case law can be difficult. It requires analytical skills. Suchskills are acquired over while and after reading many cases. scarcely do not despair. When you findthat perfect case, it will be worth it.VII. CASE LAW AND THE COMMON LAW TRADITIONA. The Origins and nature of the Common Lawi. Common law originated in medieval England with the creation of the kings court. ii. Courts developed the common law rules from the principles underlying judges decisions in existent legal controversies. iii. Judges attempted to be consistent. When accomplishable, they based their decisions on the principles suggested by foregoing cases. iv. The practice of deciding new cases with reference to former decisions, or precedents, is a foundation garment of the American judicial system. v. descry decisis instrument to stand on decided cases.vi. low this doctrine, judges are expected to patronage by the law as open by previous court decisions. vii. some ms a court will motley from precedent if it decides the precedent should no extended be followed.VIII. WHAT IS THE IMPORTANCE OF PRECEDENT TO THE discriminatory DECISION-MAKING PROCESS?A. The judicial process is informative, challenging and often insightful, albeit verbose. It is also timely given the intense polit ical nature of ongoing federal judicial confirmation proceedings. beneath the doctrine of stare decisis, once a court has set forth a principle of law as organism applicable to a certain set of facts, that court and courts of lower rank mustiness adhere to that principle and apply it in future cases involving similar fact patterns. Stare decisis have two aspects first, decisions made by a higher court are binding on lower courts and second, a court should not overturn its own precedents unless there is a strong reason to do so.IX. WHAT ARE EQUITABLE AND heavy REMEDIES?A. Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.