Common Law Overview

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Questions and Answers

What is common law primarily based on?

Judicial decisions (correct)
Legislative enactments
Written documents
Treaties

Common law is often referred to as written law.

False (B)

What term is used to refer to decisions made in previous cases that guide judges in handling new cases?

precedent

Lower courts must abide by the precedents set by _____ courts.

<p>higher</p> Signup and view all the answers

Match the following types of courts with their specific roles:

<p>Trial courts = Handle initial cases Appellate courts = Review decisions from lower courts Probate courts = Handle estate and wills matters Bankruptcy courts = Address bankruptcy issues</p> Signup and view all the answers

Flashcards

Common Law

The body of law that comes from decisions made by courts.

Precedent

Decisions made by courts in previous cases that guide judges in future cases.

Trial Courts

Courts that hear cases for the first time.

Appellate Courts

Courts that review decisions made by lower courts (e.g., trial courts).

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Special Courts

Courts that handle specific types of cases (e.g., bankruptcy or probate).

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Study Notes

Practical Benefits of Common Law

Common law evolves through court decisions, rather than legislation.
Past court decisions, called precedent, shape judgments in new cases.
Precedents guide judges in handling similar future cases.
Court decisions in trial, appellate, and special courts develop common law.
Lower courts must follow precedents established by higher courts (e.g., Supreme Court).