Monday, November 18, 2019
Assess the Different Sources of the Law in England and Wales. To What Assignment
Assess the Different Sources of the Law in England and Wales. To What Extent have External Sources Affected its Development - Assignment Example This paper stresses the decisions of the courts and judges are based on relevant facts and relevant law and they also take support of case law (decisions taken by prior judges in similar situations). Judges base their decisions on precedents, which can be defined as decisions taken by judges based on relevant laws. Precedents can be primarily original in which, the judge takes a new decision based on relevant law and they can be binding in which, the judgment is based on a decision that is already taken on a similar situation previously. If the judgment is taken by superior courts such as House of Lords, Court of Appeal or High court, the lower courts have to abide by the same law. Therefore, precedents are taken into consideration in common law for reaching at a decision similar to some previous one or a new one. Common law deals with innovations and newness in law. But its progress is slow. However, it is quite relevant for solving criminal cases, civil law cases, employment cases and much more. From this paper it is clear that the courts take decisions based on precedents so the decisions taken by Supreme Court can be considered as the basis of common law used in England and Wales. English law is basically formed of common law or case law, which is quite old. Common law was formed as a law followed throughout England and Wales. Because the law depend on precedents, hence, the courts existent in England and Wales are organized in a hierarchy and the cases are properly reported and saved.Ã
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