The common law is a system of justice that relies on previous court decisions to resolve legal disputes. The goal of the common law is to create stability in the society by ensuring that people can expect similar outcomes when faced with similar circumstances. For example, if someone steals your car and you go to court, the judge will use previous cases decided in courts across the country to determine what punishment they should receive.
There are Three Basic Sources of Common Law
The three basic sources of common law are custom and usage, judicial decisions, and tradition and precedent. In law, common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. Common law is a body of unwritten laws based on legal precedents; may guide court rulings when outcomes is undetermined based on written rules of law.
Custom and Usage Common Law Code
Custom and usage are the foundation of the common law code. Custom is a general practice that has been accepted by the people in a community. It’s not written down, but it can change over time if enough people want it to. It doesn’t have the force of law as statutes or ordinances do, but it provides guidance for judges when they make decisions about cases involving similar circumstances.
Judicial Decisions of Common Law Code
Judicial decisions are legal decisions made by a judge or court. Judicial precedent is binding on future cases, so judges must follow the rulings of previous cases when deciding their own judgments.
Judicial decisions are based on the facts of each case and not just legal arguments presented by attorneys for each side. Therefore, judicial opinions can be very difficult for non-lawyers to understand because they often contain technical language related to specific areas of law (e.g., tax law) that may not be relevant in other jurisdictions but still need to be included at length due to their importance within those areas’ statutes and regulations.
Tradition and Precedent of Common Law Code
The common law code is based on customs and legal decisions made in previous cases. When a judge makes a decision, that decision can be used as a precedent for future cases. This means that if you were to sue me tomorrow because I hit your car with mine (which I have no doubt will happen), the judge would look at how other similar cases were decided and make his own ruling based on those precedents. A key benefit of this system is that it allows the law to develop over time without having to go through lengthy legislative processes every time there’s an issue with which we need clarity or clarification about what our rights are under certain circumstances and even more important when those rights conflict with each other!
The Common Law is Based on Customs and Legal Decisions
The common law is based on customs and legal decisions made in previous cases. The customs of the people are called customs, while the decisions of judges are called judicial decisions. Together these two things make up what we call tradition, which is passed down from one generation to another through education or experience.
Tradition has been used in many cultures throughout history as a way to teach values and norms for living within that society or community; it serves as a guidepost for acceptable behavior within society at large by providing examples of what works well for others before us so that we may learn from their successes as well as their mistakes (if any). Traditions may be religious rituals such practices as baptism or fasting during Ramadan because these activities have been performed repeatedly over time without failure so there’s no need to question whether they’re effective methods for achieving certain goals (such as spiritual enlightenment). They may also include secular customs like saying grace before meals because everyone else does it too and besides which no one wants uneaten food lying around after dinner anyway!
Conclusion
The common law is based on customs and legal decisions made in previous cases. Based on experience, for some Indonesians, when they received scholarships and studied law in Australia, England, and the United States, then when they returned they brought case law provisions from a system that did not really suit Indonesia.
Thus, the differences between the Civil Law and Common Law legal systems should be understood and accepted more openly. The a priori nature of highlighting the differences should have been abandoned, so that the advantages and uses of each legal system can be utilized one over the other.