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It is imperative that once a precedent is set it is followed unless it is re- characterized or overruled by a higher court, precedents must be followed. Why you ask? Using precedents are a method of ensuring justice is administer and adjudicated equally for comparable crimes, circumstances, civil torts, etc.

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12y ago
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12y ago

common law is the body of law coming from tradition and court proceedings over the centuries. Established in England in 1189.

Common law and case law are generally the same thing;

A precedent is a:

Law . a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.

2. any act, decision, or case that serves as a guide or justification for subsequent situations. So a preceent becomes a part of common law, or changes common law if it overrules or changes some part of it. In the United States, precedents and common law affect on the jurisdiction that court resides in.

Example: If the 9th Appeals Court (West Coast) says that gay marriage is legal, it is ONLY Legal in the west coast, not in the rest of the country. The Supreme Court must hear and decide for that to happen. In doing so they would create a precedent.

Another View: (in the US) The US does not operate on a common law system, it is a statute law system, in which the statutes are oftentimes BASED on precedents contained in common law.

Therefore, under the US system of law, the question is asked backwards - common law may be the precedent for the statute that was enacted, but not the other way around.

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14y ago

The majority of court cases are followed on the basis of precedent, meaning that they decide based on similar cases from the past. This all contributes to common lawmaking.

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Related questions

What is a body of law based on custom tradition and precedent set in past court cases?

Precedent is a component of common law


When was LNWR Improved Precedent Class created?

LNWR Improved Precedent Class was created in 1887.


What refers to a tradiotal body of unwritten legal precedent created from everyday social customs rules and practice?

Common Law


What is the law made by judiciary known as?

Precedent


What is another term for case law?

"Precedent"?


What is a system of a law based on precedent and customs called?

The Common Law


What is a system of law based on precedent a customs called?

The Common Law


What is the alternative of precedent law?

Where the law does not set a precedent to be followed by Courts lower in the Court hierarchy, it must turn to the Statute (or legislation) that is prescribed in that area


How does common law different from roman law?

Common law refers to law developed by judges through decisions of courts that are called precedent. Roman law, or civil law, differs from common law in that it is based solely on a legal code instead of precedent.


What are three principles of common law?

common law is based on precedent rather on statute law


When was precedent created?

Nature Precedings was created in 2007.


How do you put the word precedent in a sentence using an adjective?

The precedent man wanted everyone to know that he changed the law.