Common Law And The Law System Essay

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How would you explain or describe common law, stare decisis and the use of precedence in the United States? What do you think about the power of the courts under this system? What are the pros and cons (good and bad) aspects of this type of legal system?

Common Law is the laws that developed from English court decisions and customs and that form the basis of laws in the U.S. Stare decisis distinguishes the common law from the civil-law system. It gives a great weight to the code of laws and the opinions of scholars explaining them. In other words, common law is also known as stare decisis. In the principle of stare decisis it isn’t always applied with uniform strictness. The Stare decisis is not usually use in the civil law system because it violates the principle that only the legislature may make the law. In order for stare decisis to be effective, every jurisdiction must have one highest court to declare what the law is in a precedent-setting case.
The United States Supreme Court and the state supreme courts would serve as precedential bodies. They would resolve conflicting interpretations of law or dealing with issues of first impression. A precedent is a decision each court is supposed to be based on an earlier decision. This is to show that your constitutional right has been violated. You can describe how your case would be similar cases going by the facts you have to show. Also you should show how the general principles of the constitutional law is presented in…

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