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Legislation (LLB) Lecture Notes

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system+of+law+based+on+precedent+and+customsThe common regulation varieties a major a part of the legislation of those international locations of the world with a history as British territories or colonies. Delaware still has separate courts of legislation and equity, and in many states there are separate divisions for regulation and equity within one court docket. Earlier than the Norman conquest, the Anglo-Saxon authorized system was administered by county courts, which were headed by a bishop and had jurisdiction over ecclesiastical and civil affairs. Chancery derived some of its juridical rules from Roman regulation and canon law, and adopted guidelines of proof altogether distinct from English frequent legislation courts.

Such types of legal institutions and tradition bear resemblance to those which existed traditionally in continental Europe and other societies the place precedent and customized have at occasions performed a substantial position within the legal course of, together with Germanic law recorded in Roman historical chronicles The form of reasoning used in widespread law is known as casuistry or case-based reasoning.

The function is proscribed to supplying the vacancies of the authorized techniques, filling up with new law the gaps that exist. Thus the common regulation was a form of codification and rationalization of the diverse authorized customs of England. When the English lastly regained management of New Netherlands—as a punishment unique in the historical past of the British Empire—they pressured the English widespread regulation upon all the colonists, together with the Dutch.

Thus no legislature has the power to remove these rights by statute, and courts can assert themselves most strongly in matters of tort legislation involving civil rights. A truer attempt at a hybrid could be the authorized system of Argentina, which has components of civil and customary regulation. As long as the courts deal with the customized as law, the custom is the accepted customary legislation.