The precedent system is the core and the soul of the English and America Common law system, which is a legal system have a special unique feature of the common law system ,it esteems judge's rationality, acknowledged judge makes the law;
Based on Common Laws, the civil-commercial jurisdiction of UK differs much from that of continental law system traditionally. Recent development indicates that jurisdiction of UK has been approaching the continental increasingly.
On the other hand, the development of American Constitution finds its bulky base in society:the ideas of natural laws centering on common laws founds the conceptional basis for the development of American Constitution;
In 1992 the famous judgment in the Mabo (No.2 case), in the High Court of Australia, determined that the common law of Australia recognised and protected native title claims in accordance with traditional laws and customs.
The comparative survey reveals that while the principle "iura novit curia" is widely recognized in civil law countries, it is rarely accepted in the ambit of the common law.
On the basis of this assumption I discuss how the oracle, the court of law, the orders of the king and the "common law" are interdependent.
Allison, A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law.
Jenny Bourne Wahl, The Bondsman's Burden: An Economic Analysis of the Common Law of Southern Slavery.
A 47-year-old female was stamped on in the epigastric region by her common-law husband when lying on her back.
Finally, the ethical background of the penalty is examined according to the legislature and common-law extant in Byzantium.
The resulting set of principles provide the basic outlines of legally enforceable commitments that would be acceptable to rational persons living in a contemporary, industrialized Western common-law society.
The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making.
Using the 1984 Canadian Family History Survey, the authors attempt to ascertain the effect of common-law unions on the subsequent failure of marriage, operationalized as those ending in divorce or separation.
Acquiring the size gradation for particle aggregates is a common practice in the granule related industry, and mechanical sieving or screening has been the normal method.
Three formulas for calculating the ES based on historical simulation method, normal method and GARCH method were derived.
By these procedures the lower values of the calibration curves are represented more strongly than by the normal method of the least sum of error squares.
By the usual inverse normal method and by accounting for stochastic dependence this test is combined with that of Hartung (1999b), resulting in a test procecure which is neither too liberal nor too conservative.
EndoGIA is useful for ligating and transecting this case to avoid a subsequent stricture caused by normal method of ligation.