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As A Judge, Baxter Applies Common Law Rules. These Rules Develop From (Answer)

As a judge, Baxter applies common law rules. These rules develop from…

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As a judge, Baxter applies common law rules. These rules develop from

Question:

As a judge, Baxter applies common law rules. These rules develop from:

  • Past court decisions
  • Regulations
  • Statutes 
  • Uniform laws

Answer:

As a judge, Baxter applies common law rules that develop from decisions of the court in legal disputes over time. 

The body of decisions made to resolve prior disputes are called “precedents”.

Common Law

In law, common law represents a body of law created by judges over time in resolving legal disputes.

What characterizes common law is that judges consider past judgments presenting similarities to the dispute they are required to resolve so they align their decision and rationale along the same lines.

When a judge looks at past judgments on similar legal and factual issues, the judge is looking into precedents.

Precedents

Precedents refer to the body of past judgments rendered by judges in resolving legal disputes that are considered in resolving pending litigation or lawsuit.

If the court considers that the current case has similarities with the applicable precedents, the judge will apply the same legal principles to the case at hand.

On the other hand, if the judge believes that the current legal dispute is fundamentally different from the precedents and there is no statutory basis to render a decision, the judge will render a judgment with a detailed opinion outlining the rationale behind its decision.

Takeaways 

Let’s look at a summary of our findings.

As a judge, Baxter applies common law rules. These rules develop from:

  • Question: When the judge applies common law rules, it means?
  • Answer: The judge considers the body of past decisions from the court resolving a similar type of dispute 
Case law 
Civil proceeding
Common law
Distinguishing 
Equitable remedies
Precedents
Ratio decidendi 
Statutory law
Author

Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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