A system of law based on precedent and customs
What is a system of law based on precedent and customs?
A system of law based on precedent and customs is Common Law. From this, common law is the required system of law that is based on precedent and customs. Moreover, common law is considered a body of unwritten laws that are according to legal precedents established by the courts. The main aim of common law is to influence the decision-making process in unusual cases where it is impossible to determine the outcomes based on the existing statutes of law. On the other hand, the US common law system also evolved from British traditions and then it spread to North America during the 17th and 18th centuries. Furthermore, common law is also practiced in various countries like India, Australia, Canada, New Zealand, Hong Kong, and England.
Common law is also considered case law. The reason is that it is a body of unwritten laws that are according to legal precedents made by the courts. Additionally, common laws also draw from institutionalized opinions and interpretations taken from various judicial authorities and public juries. These common laws are also proving the inspiration for new legislation to be enacted.
Furthermore, such decisions are forming the basis of evaluation for future cases. Moreover, common laws are also called case laws because it relies on detailed records under similar situations and statutes.
If the judge presides over a case that means he can apply various precedents to the case. For this purpose, various examples are set by higher courts regarding various cases. With the help of this system, there will be consistency and stability in the US legal justice system. Furthermore, lower courts can easily choose to deviate from such precedents if they are outdated and if the level of the current case is different from the precedent case.