Sample Law Paper on A Common Law System

Common law encompasses the legislation developed only by the judges, where the same court can only amend decisions pertaining to them. In particular, these laws are set after judicial decisions, legal findings, or court rulings have been made. Primarily, judicial opinions are of utmost importance in the legislative process and across justice systems. In Canada, the common law is used across all the provinces except Quebec, which applies the civil code attributed to the French Code Napoléon. The common law differs from the civil one in that the former is based on judicial rulings, while the latter can only be inferred from prescribed texts or statutes. During the judicial rulings process, collections of precedents are laid out to create variation before the final sentence is made. For instance, the common laws integrate phrases, such as “unfit to stand trial,” which is an understanding that defines the soundness of the defendant to appear in court. Most jurisdictions apply the common law, for instance, in England, it was developed by judges who were operating in courts and appointed by the king. Significantly, common law serves as the overall sovereignty tool based on the formulation of precedents by judges and can be enacted to control the security, welfare, and drive for positive health outcomes across the population.

A standard law system involves unconventional legislation based on precedent and is formulated by judges. These precedents are historical understandings that apply to law, and judges refer to them, although clarifications are often demanded due to the diverse circumstances associated with the same models. Over time, judges formulate the laws through harmonizing the past decisions, therefore, common laws cannot be found on specific codes or statutes (Soares et al., 2019). Given their constructive nature, common laws are flexible as judges can introduce new legal doctrines and make amendments. Based on the British form of legislation, Canada’s common laws are constituted in the Charter of Rights and Freedom (Epstein, 2018). Essentially, judges refer to precedents and past decisions made on similar court cases presented to them except for unique and complicated issues that demand insights into the contemporary codes and statutes. Consequently, the case laws are handled concerning multiple legal concepts and variations of such precedents to arrive at a final decision. Due to the exclusivity of the common laws, only governments and state authorities can direct judges to make or amend the precedents to suit the administration’s needs. The common law system is still applied in various nations across the world.

The common law system can be applied by governments that aim to protect citizens from violation or exploitation by sectors of the same administration or private corporations. In this case, a common law system acts as the protective legislation over citizens of a country or territory due to its nature (Deng, 2019). As judges exclusively formulate common laws, primary objectives may include protection. Categorically, programs meant for the general public are often enshrined under the common law in a state to serve as the protective body for citizens (Chakraborty & Purkayastha, 2020). Significantly, the Canadian Charter of Rights and Freedoms is a common law enacted to protect society’s democracy. Under the charter, the government or other entity related to it is prohibited from interfering with the rights or discarding the people’s freedom. In practice, the common law can include one that prohibits cutting off utility services, such as water or electricity for citizens. Similarly, the common law in a country can imply bargaining provision against the other party, which may have more substantial bargaining power.

Besides, common laws are essential in boosting citizens’ ultimate security in a country or territory since only one body can formulate or amend. Common laws governing personal lives can be channeled towards defending individuals in multiple dimensions. For instance, common laws allow individuals to sue parties for violating their seclusion or solitude manner, which both account for security. The common law can also be sought when individuals need to protect information shared on digital platforms (Asasriwarnia & Jandra, 2018). In this case, the common laws are essential during protecting an individual’s private life, especially from identity theft, business manipulation, and unfair competition. By publishing the common laws, an ordinary citizen in a country can conduct business without fear and sue privacy intruders (Mayanja, 2017). Often, governments enact these laws to protect citizens’ interest in the face of exploitation and identity theft. As a result, unfair forms of business operations, identity fraudsters, and information access in your social media.

In conclusion, the common law system is based on solid understandings or precedents used by judges for reference when hearing court cases. This form of law system is flexible, although judges can only make changes from a jury’s particular level. In this case, the system relies on applying the precedents to deliberate on current court trials. Due to the flexible form of usage, common law systems are mostly utilized by state governments to cater to the general public. For instance, the Canadian common law system paved the way for the Charter of Rights and Freedom, based o the government’s interests. The application of common law systems can be attributed to various advantages, such as promoting welfare and security to a country’s citizens.

 

 

References

Asasriwarnia, A., & Jandra, M. (2018). Comparison Of Legal System: Islamic Law System, Civil Law, and Common Law. UMRAN-International Journal of Islamic and Civilizational Studies5(2-1). https://penerbit.utm.my/list-of-journal/

Chakraborty, A., & Purkayastha, R. (2020). Bengal Renaissance And Its Impact On The      Common Law System. https://thelawbrigade.com/wp-content/uploads/2020/06/Aishik-       Rahul-IJLDAI.pdf

Deng, J. (2019). Should the Common Law System Welcome Artificial Intelligence: A Case    Study of China’s Same-type Case Reference System. GEO. L. TECH. REV.3, 223.     https://georgetownlawtechreview.org/wp-content/uploads/2019/05/3.1-Deng-pp-223-           280.pdf

Epstein, R. A. (2018). A Common Law for the First Amendment. HARv. JL & PuB. PoL’Y41,       1.         https://heinonline.org/HOL/LandingPage?handle=hein.journals/hjlpp41&div=5&id=&pa        ge=

Mayanja, S. J. (2017). Circumstantial Evidence and Its Admissibility in Criminal Proceedings: A           Comparative Analysis of the Common Law and Islamic Law Systems. JL Pol’y &   Globalization67, 26.             https://heinonline.org/HOL/LandingPage?handle=hein.journals/jawpglob67&div=6&id=         &page=

Soares, M. N., Kauffman, M. E., & Martin, R. F. (2019). Economy law and economic analysis of       law and the impacto on intellectual property in the common law system. Revista Direitos         Sociais e Políticas Públicas–Unifafibe7(2).             https://pure.coventry.ac.uk/ws/portalfiles/portal/29154732/Binder2.pdf