Table of Contents
What was common law in the Middle Ages?
Common law – the system of law that emerged in England begin- ning in the Middle Ages and is based on case law and precedent rather than codified law. Corpus iuris civilis – meaning “body of civil laws,” the name given to the compilation of Roman law ordered by the Byzantine em- peror Justinian I in 529 CE.
What did the Laws of the Indies address?
The Laws of the Indies (Spanish: Leyes de las Indias) are the entire body of laws issued by the Spanish Crown for the American and the Asian possessions of its empire. They regulated social, political, religious, and economic life in these areas.
What is common law describe an advantage of the common law system?
Common law evolved into a system of rules based on precedent. This is a rule that guides judges in making later decisions in similar cases. The common law cannot be found in any code or body of legislation, but only in past decisions. At the same time, it is flexible.
Why is precedent important in our legal system?
The Importance of Precedent. In a common law system, judges are obliged to make their rulings as consistent as reasonably possible with previous judicial decisions on the same subject. These decisions are not binding on the legislature, which can pass laws to overrule unpopular court decisions.
Why is legal precedent important to the courts quizlet?
Why is a precedent important? Precedent is important because, in the absence of proper laws, the judges needed to do whatever they could to insure that the rulings of judges remained roughly consistent from place to place.
What were the Laws of the Indies and how were they supposed to protect native peoples?
In 1542, due to the constant protests of Las Casas and others, the Council of the Indies wrote and King Charles V enacted the New Laws of the Indies for the Good Treatment and Preservation of the Indians. The New Laws abolished Indian slavery and also ended the encomienda system.
What are the laws of the Indies and where were they implemented?
Laws of the Indies, the entire body of law promulgated by the Spanish crown during the 16th, 17th, and 18th centuries for the government of its kingdoms (colonies) outside Europe, chiefly in the Americas; more specifically, a series of collections of decrees (cedulas) compiled and published by royal authorization.
What is the purpose of creating legal precedent?
The purpose is to create certainty and fairness. Precedent is created by the judgements on past cases. The judgement is the speech made by the judge who has made the decision on the case, and it is split into two parts. It should be noted that there is often more than one judge hearing a case, and so there may be many judgements on one case.
Is there a problem with the idea of precedent?
The fundamental problem with this line of argument in the case of precedent is that it suffers from a type of circularity. It is true that legal systems that follow a practice of precedent create expectations that earlier decisions will be followed in the future.
What makes a decision of a higher court a precedent?
Generally, decisions of higher courts (within a particular system of courts) are mandatory precedents on lower courts within that system. That means the principle announced by a higher court must be followed in later cases.
Which is a limitation of the application of precedent?
The most important limitation on the application of precedent is that the decision in an earlier case is only binding in later cases where the facts in the later case are the ‘same’ as those in the earlier case. It is agreed on all sides that if two cases are the same then the precedent applies, whereas if they are different it does not.