Common Law Essay Example

documented doctrine. For example, if a farmer is accused of possessing a firearm, they can present a certificate of ownership to obtain bail release. However, if the firearm in question is a military rifle, this evidence would not be sufficient. In such situations, the judge would question why a farmer would possess such a weapon and ultimately make the final decision based on these circumstances.

Statutory law governs municipal laws or ordinances within states but may be invalidated if it conflicts with federal law. While each state has its own set of laws regarding certain behaviors and activities, federal laws take precedence and universally protect certain activities – like the freedom to choose religion. The legislative branch has limited authority to punish criminal activities and cannot penalize individuals based on their religious choices as outlined in the first amendment to the federal constitution.Administrative law is a branch of American law that regulates government actions at the state level and oversees government procedures within each state. In Indiana, the administrative branch provides assistance to those in need, while the regulatory board governs the distribution of medical supplies to healthcare centers. Both administrative law and American Law contribute to the overall legal system.

Legislative decisions, called court rules, are an essential part of this system as they fill in gaps left by legislatures. Created by courts themselves, these court rules must be voted on or enacted by each state's highest courts to apply. Supreme Court-established court rules require approval or nullification from Congress. If not nullified, these court rules become legally binding nationwide.

Court rules play a crucial role in organizing the court system, dictating aspects like timing of filing

cases and limits on length of memoranda and briefs. Though not considered laws themselves, these rules significantly impact case outcomes and serve as an important source for American Law.

The United States holds its Constitution and Bill of Rights in high regard as fundamental doctrines of law. It is important to note that no rule or law can contradict these revered documents.The constitution serves as a fundamental source of American law, providing guidelines for state laws and constitutions (Earl Warren Legal Institute and Frank, 1969). Precedent is crucial in judicial decision-making as it applies common law and upholds previous court rulings, regardless of their age. This judge-made law remains valid and useful in cases with similar arguments or interventions, promoting consistency and firmness in court decisions. It ensures fairness and justice without favoritism towards any group (Greve, 1996).

In the realm of common law courts, equity courts develop and grant remedies. In modern laws, both legal remedies and equity remedies are combined, allowing the same court to issue both types of provisions. Legal remedies relate to decisions made in favor of claimants or considering specific rights (Earl Warren Legal Institute and Frank, 1969), while equity remedies involve injunctions and specific performances issued to defendants.

Injunctions have the power to compel individuals to either perform an action or abstain from it. On the other hand, specific performance requires someone to fulfill a particular task such as transferring goods or land to the person making the claim.