Law Case Assignment
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Notes on Case Laws
These are set of past rulings that were made by judges concerning a particular matter. Case laws are essential since they are used as reference material to guide in making judgment pertaining near the similar case. Although the judge does not use the entire ruling fact, some of the articles are used to guide in solving the problem. A court is governed by the insight of other professionals in concluding. Single-handedly delivered judgment is biased and can be questioned by the relevant bodies. Before writing any ruling, the judges are advised to consult internally for evidence and also measure the weight of the case based on international standards. This is done by referring to similar circumstances all over the world.
The different roles of universal and civil laws create a massive difference in the manner in which the court delivers the judgment. With the common law, the legal rationale is explained with quotations and citations from legal perspectives. Previous relevant judgments are also quoted to boost the evidence of inclining on a particular point of decision. It is through shared law court that the exegesis of legal principles is made known to the public. On the other hand, the civil law aims to keep everything transparent so that it becomes difficult to apply previous decisions in the future judgment.
Any court may choose to distinguish itself by arriving at the different conclusion which is different from the previous judgment. The court is not bound to utilize some earlier decision since the case could be different. However, case laws are essential and play a vital role in establishing the best route to take when making court decision. It is worth to remember that you cannot entirely rely on case laws. You need some level of independence and only use them as a guideline.