In common law, law is shaped by judicial decisions versus following statute. Common law originated in England during the Middle Ages where courts played a big role in shaping the law for generations, which shortly occurred after the Norman Conquest in 1066. This resulted in the English monarchy and kingdoms building up throughout the land. To control the power of the king and his royal subjects, the Magna Carta was created in 1215 and is known as the Great Charter because it served as the foundational document for future legal documents to come. The Magna Carta opened up the idea of checks and balances between the branches of government in order to prevent tyranny. Thus, a legislative body known as the Parliament was created to keep the executive (the King) in check.
Other concepts that common law developed were the courts and jury. The court served as a way to check the power of the laws and apply the law to those specific cases. A jury is a deliberative body of citizens that are called by the government to decide the verdict of a case. The jury is given the facts of the case and they decide whether the person who is on trial is guilty or not. If a person is called to court by the government or leader, then the government will issue a writ, a written document that calls the person to be put on trial.
The cases that the courts rule and make a decision set the rules and precedent for how the court should handle future cases. The laws are usually not written because it is dependent on the decisions of the courts. Church and state remain separate because judges rule and apply the law, not applying their personal beliefs. Judges will apply the precedent and law when solving cases. Thus, it shows how the law is ever changing and is fluid based on the situation and circumstances of the society. Common law then began to spread to British colonies during the 17th century, such as the United States of America, New Zealand, and Hong Kong.
Common law helped govern and dictate important rules in society, such as crime, human rights, and land. Some specifics for common law is the establishment for due process, which is giving citizens the right to a free and fair trial. Common law also helped with the foundation for several federal and state constitutions to ensure protection of rights for all individuals and emphasize that the law is rule of the land and no one is above it.
Other concepts that common law developed were the courts and jury. The court served as a way to check the power of the laws and apply the law to those specific cases. A jury is a deliberative body of citizens that are called by the government to decide the verdict of a case. The jury is given the facts of the case and they decide whether the person who is on trial is guilty or not. If a person is called to court by the government or leader, then the government will issue a writ, a written document that calls the person to be put on trial.
The cases that the courts rule and make a decision set the rules and precedent for how the court should handle future cases. The laws are usually not written because it is dependent on the decisions of the courts. Church and state remain separate because judges rule and apply the law, not applying their personal beliefs. Judges will apply the precedent and law when solving cases. Thus, it shows how the law is ever changing and is fluid based on the situation and circumstances of the society. Common law then began to spread to British colonies during the 17th century, such as the United States of America, New Zealand, and Hong Kong.
Common law helped govern and dictate important rules in society, such as crime, human rights, and land. Some specifics for common law is the establishment for due process, which is giving citizens the right to a free and fair trial. Common law also helped with the foundation for several federal and state constitutions to ensure protection of rights for all individuals and emphasize that the law is rule of the land and no one is above it.
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