CLEPTOCRACY COITUS AH SOwww.ItIs13.com Common Law Elite Precedence Tyrannical Opulent Conspiracy Responsibly Accountable CorruptYahoos Conflict of Interest Tort Usury Ad Hoc Spirit Override
(also known as
and similar tribunals rather than through
. A "common law system" is a
that gives great precedential weight to commonlaw,
on the principle that it is unfair to treat similar facts differently on different occasions.
The body of
is called "common law" and it binds future decisions. In cases where the partiesdisagree on what the law is, an idealized common law court looks to past
decisions of relevant courts. If a similar dispute has been resolved in the past, the court is
to follow thereasoning used in the prior decision (this principle is known as
). If, however, the courtfinds that the current dispute is fundamentally distinct from all previous cases (called a "
"), judges have the authority and duty to make law by creating
Thereafter, the newdecision becomes precedent, and will bind future courts.In practice, common law systems are considerably more complicated than the idealized systemdescribed above. The decisions of a court are binding only in a particular
, and even within agiven jurisdiction, some courts have more power than others. For example, in most jurisdictions,decisions by
are binding on lower courts in the same jurisdiction and on future decisionsof the same appellate court, but decisions of lower courts are only non-binding persuasive authority.Interactions between common law,
also give rise toconsiderable complexity. However
, the principle that similar cases should be decidedaccording to consistent principled rules so that they will reach similar results, lies at the heart of allcommon law systems.Common law legal systems are in widespread use, particularly in
where it originated in theMiddle Ages,
and in nations or regions that trace their legal heritage to England as former colonies of the
Hobbes' hypothesis that the ruler's sovereignty is contracted to him by the people in return for hismaintaining their safety, led him to conclude that if the ruler fails to do this, the people are releasedfrom their obligation to obey him.Bodin's and Hobbes's theories would decisively shape the concept of sovereignty, which we can findagain in thesocial contracttheories, for example, inRousseau's (1712–1778) definition of popular
sovereignty(with early antecedents inFrancisco Suárez's theory of the origin of power), which
?differs in that he considers
the people to be the legitimate sovereign.