Week1 Busn 420

The American legal system, a direct descendant of the English legal system, began to develop in 1066 and is always evolving. However, the main principles or the “backbone” of this legal system remains the same. The different sources of American law include the Constitution, state constitutions, statutes, common or “case” law, a body of administrative regulations, and court rules. The most important among these various sources of law, other than Constitutional provisions, is common law. The common law process allows judges to hear cases and make decisions, effectively becoming law, based upon these cases. These case decisions become the common law and others must adhere to this “judge-made” law. In the common law process, the judge’s decision or the “holding” of the case binds future courts and creates precedent. At the heart of the common law system is the doctrine of stare decisis, which translates to “let the decision stand.” Stare decisis creates precedent and thus, when a court has decided a case in a particular way, future cases should be decided the same way. However, stare decisis will only apply if the facts of the case are substantially similar to the prior case. Precedent acts as a major guide for judges when hearing similar cases. Furthermore, within the American legal system, there are both legal and equitable remedies available to both the plaintiff and the defendant in a case. The remedy provided depends upon the type of case being decided; for example, whether the case is of the civil or criminal nature. A legal remedy often enforces a right, imposes a penalty, or makes another court order to impose its will. Examples of a legal remedy include restitution paid to the victim of a crime or the imposing of a prison sentence upon a defendant. Equitable remedies are distinguished from legal remedies and are quite popular in the field of contract law. Equitable remedies may involve the use of an injunction, specific performance of a contract that requires an individual to do something, declaratory relief, or equitable estoppel.

Citation:
Edwards, L. H. (2011). Legal writing and analysis. New York: Aspen.