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:
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