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Top Ten Management on Common Law: An Overview of The U.s. Legal System
Nov 21st, 2010 by David Wyld
This overview of Common Law was prepared by Joseph Meerman while a General Management major in the College of Business at Southeastern Louisiana University. Introduction This article is a brief explanation of common law. It will give an understanding of the topic, its origins, and its procedure. This article also contains a video which will further explain the topic. This article will end with my personal thoughts on the topic. The Idea in a Nutshell Common law is a type of legal system which dictates how court decisions are made. The concept originated in England in the 11th century. It was derived from the decisions made in the early equity courts of England. Common law decisions are made based on precedent. That is, past court rulings of a case will be the ruling of all future cases of the same composition. If a case has no previous case to base a decision off of, judges may reinterpret the law to govern the case and that ruling will now set precedent for all similar cases to follow. Common law is practiced in forty-nine of the fifty states in the United States of America. Louisiana is the one state which does not practice common law. The Top Ten Things You Need to Know About Common Law 1. Common law originated in England in mid-evil period. It has been derived from centuries of research, case study, and sacrifice by millions of people. It is the legal system most represented in our Constitution, Bill of Rights and Declaration of Independence. 1. Common Law is practiced in nations that trace their legal heritage to England as former colonies of the British Empire , including the United States , Malaysia , Singapore , Pakistan , Sri Lanka , India ,[5] Ghana , Cameroon , Canada , Ireland , New Zealand , South Africa , Hong Kong and Australia . 1. Common law legal system reflects three elements. The first is tradition, which is a countrys legal history. The second is precedent, which is basing decisions on cases that have previously come before the court. The third is Usage, which is how laws are applied in specific situations. 1. For each court case there are several steps in determining an acceptable judgment. First, the facts must be organized and understood. Second, any information on similar cases must be

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Top Ten Management on Common Law: An Overview of The U.s. Legal System

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