Lesson 2: Example of Judicial Review
Lesson 2: Example of Judicial Review
Lesson 2: Example of Judicial Review
LESSON 2
TOPIC: LAW
Other Sources
There are a number of other sources of law that may be given
greater or lesser weight in a particular country:
writings of legal scholars - in civil law jurisdictions,
academic writings interpreting the constitution or
legislation have considerable influence on decisions of the
courts;
edicts from a king/ ruler;
in the case of certain Islamic countries, "Sharia law" in the
form of religious books and edicts from religious
groupings.
KEY TAKEAWAYS
Common law, also known as case law, is a body of unwritten laws
based on legal precedents established by the courts.
Common law draws from institutionalized opinions and interpretations
from judicial authorities and public juries.
Common laws sometimes prove the inspiration for new legislation to be
enacted.
Understanding Common Law
A precedent, known as stare decisis, is a history of judicial decisions which
form the basis of evaluation for future cases. Common law, also known as
case law, relies on detailed records of similar situations and statutes because
there is no official legal code that can apply to a case at hand.
The judge presiding over a case determines which precedents apply to that
particular case. The example set by higher courts is binding on cases tried in
lower courts. This system promotes stability and consistency in the U.S. legal
justice system. However, lower courts can choose to modify or deviate from
precedents if they are outdated or if the current case is substantially different
from the precedent case. Lower courts can also choose to overturn the
precedent, but this rarely occurs.
Common Law vs. Civil Law
Civil law is a comprehensive, codified set of legal statutes created by
legislators. A civil system clearly defines the cases that can be brought to
court, the procedures for handling claims, and the punishment for an offense.
Judicial authorities use the conditions in the applicable civil code to evaluate
the facts of each case and make legislative decisions. While civil law is
regularly updated, the goal of standardized codes is to create order and
reduce biased systems in which laws are applied differently from case to case.
Special Considerations
As judges present the precedents which apply to a case, they can significantly
influence the criteria that a jury uses to interpret a case. Historically, the
traditions of common law have led to unfair marginalization or
disempowerment of certain groups. Whether they are outdated or biased, past
decisions continue to shape future rulings until societal changes prompt a
judicial body to overturn the precedent.
The judge presiding over a case determines which precedents apply to that
particular case. The example set by higher courts is binding on cases tried in
lower courts. This system promotes stability and consistency in the U.S. legal
justice system. However, lower courts can choose to modify or deviate from
precedents if they are outdated or if the current case is substantially different
from the precedent case. Lower courts can also choose to overturn the
precedent, but this rarely occurs.
Special Considerations
As judges present the precedents which apply to a case, they can significantly
influence the criteria that a jury uses to interpret a case. Historically, the
traditions of common law have led to unfair marginalization or
disempowerment of certain groups. Whether they are outdated or biased, past
decisions continue to shape future rulings until societal changes prompt a
judicial body to overturn the precedent.
ASSIGNMENT
LINKS
1. https://www.lawteacher.net/free-law-essays/equity-law/
equity-modern-source-of-law-0833.php
2. http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/
LawofContractAct_Cap23.pdf
END OF LESSON 2