Case law is a law based on judicial decisions and not on laws based on constitutions, statutes or regulations. Case law concerns single disputes that are settled by the courts on the basis of the concrete facts of a case. In contrast, laws and regulations are written in an abstract manner. Ancient India and China represent different legal traditions and had historically independent schools of legal theory and practice. The Arthashastra of 400 BC. A.D. and the Manusmriti of 100 BC. A.D.[8] were influential treatises in India, texts that were considered authoritative legal advice. [9] Manu`s central philosophy was tolerance and pluralism and has been cited throughout Southeast Asia.
[10] During the Muslim conquests on the Indian subcontinent, Sharia law was established by Muslim sultanates and empires, notably by Fatawa-e-Alamgiri of the Mughal Empire, compiled by Emperor Aurangzeb and various scholars of Islam. [11] [12] After British colonialism, Hindu tradition, as well as Islamic law, was replaced by common law when India became part of the British Empire. [13] Malaysia, Brunei, Singapore and Hong Kong have also adopted common law. Why highlight? As with comments, highlighting may seem irrelevant when creating comprehensive, well-constructed briefings, but highlighting helps you directly with the briefing. It makes cases, especially the more complicated ones, easy to digest, review, and use to extract information. With a basic understanding of the case and with annotations in the margin, the second reading of the case should be much easier. You can direct your reading to the most important sections and it will be easier for you to see what is important and what is not. Review the case until you have identified all the relevant information you need for your letter, including issues, facts, inventory, and relevant parts of the analysis. The different role of jurisprudence in civil and customary traditions leads to differences in the way courts make decisions.
Common law courts generally explain in detail the legal basis for their decisions, citing both legislation and relevant prior judgments, and often interpret broader principles of law. The necessary analysis (called ratio decidendi) then sets a precedent that binds the other courts; The additional analyses, which are not strictly necessary for the decision in the present case, are called obiter dicta, which constitute a convincing authority but are not technically binding. On the other hand, decisions in civil courts tend to be shorter and concern only laws. The reason for this difference is that these civil courts follow a tradition that the reader should be able to draw logic from the decision and the laws. 7. Describe the court`s reasoning for each intervention. You must now describe the court`s reasoning for each intervention. This section of the case description may be the most important because you need to understand the court`s reasoning in order to analyze it and apply it to other facts, for example: about the review section. Start with the first point, describe each link in the court`s reasoning.
What topics and conclusions are relevant to include in a letter? There is usually one main issue on which the court bases its decision. It may sound simple, but the court can talk about several issues and discuss multiple arguments on both sides of the case. Be sure to distinguish the problems from the arguments of the parties. The relevant issues and corresponding conclusions are those on which the court has made a final decision and which are binding. The court may discuss findings or interim issues, but focus on the main issue and the finding that binds future tribunals. If you only include these four elements, you should have everything you need to effectively retrieve the case information during the course or a few months later while you study for the exams. Legal history or legal history is the study of how law developed and why it changed. Legal history is closely linked to the development of civilizations[1] and is part of the broader context of social history. Some jurists and legal historians have seen the history of law as an account of the development of laws and the technical explanation of the development of those laws in order to better understand the origins of various legal concepts; Some consider legal history to be a branch of intellectual history.
Twentieth-century historians viewed the history of law in a more contextual way, more in tune with the thinking of social historians. [2] They saw legal institutions as complex systems of rules, actors and symbols, and saw how these elements interact with society to change, adapt, resist or promote aspects of civil society. These legal historians tended to analyze case histories from the parameters of social science inquiry using statistical methods and to analyze class differences between litigants, petitioners, and others in different legal processes. By analyzing the outcome of cases, transaction costs and the number of cases closed, they began an analysis of legal institutions, practices, procedures and pleadings that gives a more complex picture of the law and society than can be done by studying case law, jurisprudence and the Civil Code. [3] The process of putting the case in your own words requires you to digest the material, while comments and highlights can be done much more passively. Who will read your letter? Most professors will approve of the value of the information session, but will never ask you to be informed. As a practicing lawyer, your client doesn`t care if you keep them short as long as you win the case. Judges certainly don`t care if you`re brief, as long as you practice law competently. You are the person the mission will serve! Keep this in mind when deciding what to include in your briefing and when deciding what information to include in those items. Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of law. It will be a reference tool when you are trained by a teacher and will be a learning aid as you prepare for exams. A briefing is also like a piece of the puzzle.
In Plessy v. Ferguson (1896), the Supreme Court upheld segregation upholding the “separate but equal” doctrine. The National Association for the Advancement of Colored People disagreed with the decision and questioned the constitutionality of segregation in the school system in Topeka, Kansas. In 1954, the court overturned its Plessy decision, stating that “separate schools are inherently unequal.” Learn more about this case. (1) The facts of the case (what actually happened, the controversy) As nationalism grew in the 18th and 19th centuries, the lex mercatoria was incorporated into the local law of countries under new civil codes.