characteristics of common law


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PDF THE COMMON LAW AND CIVIL LAW TRADITIONS

Common law – the system of law that emerged in England begin- ning in the Middle Ages and is based on case law and precedent rather than codified law

  • What are the 3 most common types of law?

    The basic divisions in the U.S. legal system are the criminal, civil, and administrative.

  • What are the four most common types of civil law?

    Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).

  • England and Wales operate a common law system which combines the passing of legislation but also the creation of precedents through case law.
    The laws are established by the passing of legislation by Parliament which consists of the 'Monarch', the House of Commons and the House of Lords.

Features of a Common Law System
  • There will be no codified laws or written constitution always.
  • Judicial decisions made at the highest courts can usually be reversed only by the same court or by law.
  • Typically, all that is not specifically prohibited by law is permitted.
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