Introduction Of Law Midterm Examination
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Student’s Name: __Jon Bourgault________________________
If you ask most people about the American legal system, they will tell you it’s convoluted, archaic and out of touch with today’s world. However, when you are able to step back and look at the origins, history and evolution you can see that our system is a living breathing work in progress. Compared with other legal systems in use today such as Sharia Law, Communism and other hybrid forms of law, our Common Law foundation serves to offer a fair, just and malleable governing body.
Our legal system is built on the Common Law rules developed in the Middle Ages of the United Kingdom. Common Law can be loosely described as a system that is based on previous cases that were decided by judges. When an issue comes up that has already been heard, the court will refer to the previous verdict on the issue to resolve the matter. In Latin, it is called Stare decisis which translates into “to stand by things decided”. In all states (except Louisiana) the Common Law is the standard for which later laws evolved. Before becoming a state, Louisiana was a territory of France. While under its control, its practiced civil law which is a form of government practiced in Western Europe and many other parts of the world. Louisina still practices this type of law. Some states that were part of