A a case that establishes a rule. This

Topic: BusinessCompany
Sample donated:
Last updated: June 2, 2019

Arelocation to Germany would result in the change in the legal system that the company currently follows. Germany followsthe Civil Law legal system with the Germanic law (derived from Roman Law) whichis codified. The Civil Law system has a laid out set of codes that mention theprocedure, process and punishment for a case.1Under the Civil Law System, cases are decided not by the jury, but by a practiced judge.  CommonLaw, on the other hand, is by and large uncodified, i.e.

the main guidelines areoften based on tradition and customs, and previous rulings. This implies thereis no extensive accumulation of legitimate standards and statues. AlthoughCommon law depends on some statues, it is usually based on precedent, aprecedent is a case that establishes a rule. This rule is then utilized by thecourt when deciding later cases.2English Common Law is found in England and Wales, nearly every country that wascolonized by Great Britain follows the CommonLaw system with their own subcategories. CommonLaw has its advantages. Unlike Civil law, Common Law follows a form ofconsistency, yet it has room for flexibility and change. Existing Precedentscan be confronted, and revised and replaced by new Precedents.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!

order now

Common Law canreact to cases, circumstances and certainties that were not predicted bylegislators. It is impossible for parliament to enact for each conceivableissue, activity or condition that may emerge in the public eye. Common Law can analyze and create reactions to genuinecircumstances. Apart from this, there isalso consistency found in the Common Law system. The doctrine of Precedentworks adequately because it gives solidness and consistency in the legalsystem. Parties engaged in trials andhearings can comprehend that choices made depend on Precedent, instead ofindividual perspectives.

Precedents are often produced by senior judges inhigher courts, which loans them specialist and experience.  Common Law isfaster, more adaptable and responsive than civil law. Common Law regularlyresponds and reacts even more rapidly to changing social standards. Parliamenttakes years to settle on the requirement for change; judges and courts can doit while reviewing cases. The courts can likewise accomplish law reformsquicker as they are not bound by the political and procedural limitations ofthe legislative procedure.

   1 2


I'm Eileen!

Would you like to get a custom essay? How about receiving a customized one?

Check it out