The legal system Anglo - Saxon, Common Law system (Common Law), or more simply called the legal system UK - USA:
Legal English - American law is born in England, later developed in the US and the country was a British colony, the US before. This is the legal system developed from the habit (custom), also known as customary law systems, and respected legal system precedents (precedents / judge made law).
Common Law now needs to be understood in three different senses:
- Firstly, it is a legal system in the world based on the tradition of the English legal system;
- second, in terms of the sources of legislation, case law (Case law ) of the Common law was created by the court, as opposed to the parliamentary Act;
- Third, in terms of the court system, the courts and the Common law case law of the court also different and the project Equity ratio of law.
Regarding history, the origins of this legal system starting in 1066 when the Normans invaded England and the Emperor William began to concentrate power in the hands of a new dynasty. The term common law (Common Law) comes from the notion that the courts set up by the king, applying common practices (Common Custom) of the kingdom, in contrast to the customary local laws apply in the region or in the courts of the estate, the feudal manor.
the principles of the common law of sustainable was created by three court by king Henry II (1133 - 1189) established the Finance court ( Court of Exchequer) for adjudication of tax disputes; Ordinary appeal court (Court of Common Pleas) for matters not directly related to the interests of the king; and the Court of the Emperor (Court of the King's Bench) to solve these cases are directly related to the interests of the family.
In fact, earlier under Emperor William, the practices of the British more or less suffered effects of German culture in continental Europe. The court then summoned the people to resolve the dispute and if no treatment is the method they use to try crimes (ordeal) by arresting the accused holding a red-hot piece of iron, or holding a stone was soaked in boiling water, or toxic form of oath. If that wound healing after a specified time, he will be declared innocent, and vice versa.
1154, King Henry II has created a system of common law and the creation of a unified court system is full power, he gave the judges from the Royal courts everywhere in the country and collecting, selective methods of settlement of disputes. Then the judges will return to London and discuss the dispute with the other judges. The verdict will be recorded and gradually become case law (precedent), or stare decisis is Latin under. Accordingly, the trial judge will be bound by the ruling made earlier. The term "Common Law" began to appear on that date. Thus was born before Parliament in the history of English law, Common Law has been applied across the entire kingdom for several centuries.
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