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

I. THESIS STATEMENTA. unwashed effectuality of nature is a legal system that is largely underframeed by the decisions previously made by hails and non imposed by legislatures or other government officials. The reasoning used to interpret this type of fair play is cognise as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the rectitudes that atomic number 18 applicable. Decisions that were made about similar cases argon valuable, and the case in question is evaluated on the basis of past cases. The faculty of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term prevalent righteousness excessively underlines the fact that this type of practice of truth did not recrudesce from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory.Codification is the process by which a statue is passed, expressed within a single document, so that it is tacit within existing law rather than creating the need for new laws. C. The precedent system prevails in England, the unify nations, and other countries colonized by England. The unwritten system is used in all the state of matters of the United States except Louisiana, where french Civil Law combined with position Criminal Law to form a hybrid system. Anglo-American familiar law traces its roots to the medieval mood that the law as handed down from the kings courts equal the common custom of the people.II. WHAT IS COMMON legality?A. greens Law is the tree trunk of law genuine from custom or discriminative decisions in English and U.S. courts, not attributable to a legislature.III. WHAT ARE THE SOURCES OF AMERICAN police?A. The United States institution and the constitutions of the various states B. Statutory Law including laws passed by Congress, state legislatures, and topical anesthetic establ ishment bodies. C. Regulations created by administrative agencies (such as the United States Food and medicate Administration). D. Case law and common law doctrines.E. Secondary sources of law are books and articles that summarize and clarify the primary sources of law (i.e., legal encyclopedias, treatises, and articles in law reviews).Several Sources built-in, statutory, and case lawthese are your tools. The United StatesConstitution is the overriding document. It is the ultimate Law of the Land. Eachstate has its own constitution. State and federal statutes are interpreted by judgesthrough case law. These sources play in each practice area. For example,constitutional law governs searches and seizures in a criminal matter. Statutes endure the framework for real estate transactions, and case law interprets andapplies both constitutional and statutory law. There is much to learn.IV.CONSITUTIONAL LAWA. The national Constitutioni. The United States Constitution, as amended, is the s upreme law of the land. ii. A law in violation of the United States Constitution willing be declare unconstitutional and will not be enforced. iii. The United States Constitution sets forrader the powers of the three branches of the federal government and the relationship between the three branches. iv. Constitutional refines1. The first ten amendments to the United States Constitution are commonly known as the Bill of Rights. v. The Courts and Constitutional Law1. The broad principles enunciated in the Constitution are given form and substance by the courts.2. Courts Balance the Right to Free Speecha. Even though the First Amendment guarantees the right to free people speech, the Supreme Court has made it clear that certain types of speech will not beprotected.3. Free Speech and the Interneta. The Internet has raised(a) new problems for the courts in determining how to define and apply the protections of free speech.B. State Constitutionsi. Each state also has a constitution t hat sets onward the ecumenical 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 difference of opinion with the United States Constitution. C. Constitutional Law and the Paralegali. Paralegals often assist attorneys in handling cases that involve constitutional rights or provisions. ii. Knowledge of constitutional law is beneficial because the authority and underlying rationale for the substantive and procedural 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 official Statutes.i. Federal statutes are enacted by the United States Congress and apply to every(prenominal) state. ii. any federal statute that violates the United States Constitution will be held unconstitutional.C. State and Local Statutes and Ordinancesi. State statutes are laws enacted by st ate legislatures. ii. Any state law that is found to conflict with the United State Constitution, or with that states constitution, will be deemed unconstitutional.D. Uniform Lawsi. Uniform ( dumbfound) statutes are drafted for hugion by the states. ii. A state can adopt or reject all or part of a provide 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 assume an ever-increasing share of lawmaking.F. Statutory Law and the Paralegali. A paralegal may often assist in cases involving violations of statutory law. ii. A paralegal working on cases governed by statutory law call for to know how to both locate and interpret the relevant state or federal statutes.VI. ADMINISTRATIVE LAWA. direction Creation and Functioni. administrative agencies are created by legislatures to administer and enforce legislation and to issue rules to go for the goals of specific legislation. ii. Examples of federal administrative agencies are1. Environmental Protection Agency2. Occupational Safety and Health Administration3. Food and Drug Administration.A. administrative Law and the Paralegali. Paralegals frequently deal with administrative agencies. 1. Paralegals may also work for administrative agencies, drafting new rules, mediating disputes, and numerous other tasks. Consulting CasesCase law represents judicial opinions. Judicial opinions represent opinions written by judgeson a contingent case. under(a)standing case law can be difficult. It requires analytical skills. Suchskills are acquired over time and after reading many cases. But 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 genuine the common law rules from the principles under lying judges decisions in actual legal controversies. iii. Judges attempted to be consistent. When possible, they based their decisions on the principles suggested by originally cases. iv. The practice of deciding new cases with reference to former decisions, or precedents, is a cornerstone of the American judicial system. v. survey decisis means to stand on decided cases.vi. Under this doctrine, judges are expected to abide by the law as established by previous court decisions. vii. sometimes a court will depart from precedent if it decides the precedent should no longer be followed.VIII. WHAT IS THE IMPORTANCE OF PRECEDENT TO THE JUDICIAL DECISION-MAKING PROCESS?A. The judicial process is informative, thought-provoking and often insightful, albeit verbose. It is also timely given the vivid political nature of current federal judicial confirmation proceedings.Under the doctrine of stare decisis, once a court has set forth a principle of law as being applicable to a certain set of facts, that court and courts of lower rank must wedge 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 LEGAL 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.