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Common Law Doctrines and Characteristics

 

The primary purpose of the Magna Carta was known as disputes settlement between the king and his nobles by placing checks on royal power5. .
             Common Law Characteristics.
             Some said that the distinctive feature of common law is that it is the law of the courts as expressed in judicial decisions6 and common law's judicial precedents were derived from the doctrine of stare decisis that the previous decisions of the highest court in the jurisdiction are binding on all other courts in the jurisdiction. Now a day, it has been implicit that Common law rules are based on precedent. It means that judges must rely on the principle set out in prior cases on similar issue and thus, it can be said that the component of common law comes from judges. Under common law rule ,The applicable laws that will be used as a guideline for deciding cases are found in precedents provided by past decisions9which in this respect, it is quite different with the civil law system which is based on written statutes. It is noteworthy that there are still some characteristics of common law other than the system of judicial precedents, other characteristics of common law are trial by jury and the doctrine of the supremacy of the law. From its origin, the meaning of the doctrine of supremacy of the law was that not even the king was above the law; today its meaning has been adjusted to be supposed that acts of governmental agencies are subject to be examined by ordinary legal proceedings. From above-mentioned statement, it can be assumed that common law is a type of legal system that pays importance to judicial precedent set by judges and court cases, known as case law, rather than legislature.
             Most important characteristics of the legal system of the United States.
             Like common law doctrine, principle of stare decisis has been applied to U.S. jurisdiction by U.S. courts. It means that American judges not only apply the law but also they make the law and court's precedent is so important under U.


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