OPERATIONS OF A COMMON LAW SYSTEM

1. Legislation
A. UK

Nowadays its more common to put a wholesome aspect of law in a Statute (a Statute is a piece of written law).
The legislative body is the Parliament.
Doctrine of Parliamentary Sovereignity means that only Parliament can make/revoke any Law by Statute.

B. USA

Federal legislation is now published in US Statutes at Large and US Codes.
The Federal legislative body is the Congress.
Each State has its own Statute.

2. Equity
Example: Elvis Presley have a Daughter Lisa Marie Presley from former wive Priscilla Presley. When he died he gives inheritance to his Daughter and his Parents in the form of his Estate. When his Parents both died his Daughter become the sole hair of that Estate. Then his ex-wife become handle that estate because she has an equitable interest, then she become the daughter Trustee and the daughter became the Beneficiary. Her father in this case is her Settlor or Trustor.

3. The Common Law (Case Law)
Case Law refers to the decision made by Judges applying legal principles to the Circumstances of the Particular disputes before them. The common law lawyers must be familiar with past cases because the rules of law is laid down there.

Binding Precedence: A Judge will be expected to make a decision consistent with the precedent set already. Stare Decisis.
Case Reports: Case Reference.
Appeal: A decision is reversed when a Higher Court on appeal comes to the opposite conclusion than that of a lower Cou

	Created by ndmusiawan over 9 years ago

Note on English Legal Terminology - Legal System (Summary of: Helen Gubby - English Legal Terminology 3rd edition)), created by ndmusiawan on 16/12/2014.

English Legal Terminology - Legal System (Summary of: Helen Gubby - English Legal Terminology 3rd edition))