Of course, the US courts still recognize the legal and equitable remedies, but merely in one court as opposed to two courts. Another definition of common law is that it is the body of general uniform rules that prescribe conduct.
Now, lets do some heavy thinking…. Consider the following:. If justice is defined as the fair, impartial consideration of opposing interests,. Whatdaya think? I suggest the answer is NO!!!! But why would I say that? First, consider that there can be law without justice. Remember, however , that there cannot be justice without the law.
But, as you might expect, there is a hitch with equitable remedies. Thus, the …. Equitable Maxims see Exhibit Initiation of suit. Injunction, specific performance,. The Doctrine of Stare Decisis. This is not to say that judges must forever follow precedent, particularly if a prior ruling was wrong or that changes have made prior ruling inappropriate for the current situation.
Binding Authority. Any primary source of law i. Persuasive authority : any primary or secondary source of law, which a court may, but is not bound to, rely upon for guidance in resolving a dispute.
Perhaps a similar type of case in another jurisdiction, state, etc. REALIZE : a prior judicial decision acts as binding precedent only when the subsequent court is applying the same law as the prior court usually in the same jurisdiction.
Otherwise, the prior decision is only persuasive authority. Legal Reasoning. The process used by judges in deciding what law applies to a given dispute and then applying the law to the facts or circumstances of the dispute.
In general, the basic steps of legal reasoning are as follows:. The Forms of Legal Reasoning Include:. Deductive Reasoning - a major premise, a minor premise and a conclusion a syllogism. Linear reasoning : reasoning that proceeds from one point to another, reaching a conclusion that ties those points together.
Analogy reasoning: comparing the facts of the case at hand to the facts of others previously decided and, applying the rules of law to the dispute at hand to the extent the fact pattern is similar.
Sources of American Law. Primary Sources:. Hierarchy among the sources of American Law. Access to a lawyer is crucial to this and this right starts from the point of arrest and through the trial itself. People need access to legal advice so that they can understand the case against them. If a defendant has the means to pay, they should be able to choose their own lawyer. If the person cannot afford to pay for their own lawyer, where the interests of justice require, the state should provide free legal assistance.
A person facing criminal charges must have the time and facilities to prepare a defence. This right exists at all stages of the proceedings and encompasses the right to documents, files, and information as well as a guarantee of confidential communication with counsel see Open Justice. Although undue delays in criminal proceedings often contradict the right to a fair trial , fast-track trials can also deny people a fair chance to present a defence.
Crucially, during the trial itself people must have a fair chance to present a defence under conditions that do not place them at a disadvantage versus their opponent. This will require the free assistance of an interpreter if the person cannot understand or speak the language used in court. The person should be allowed to be present at hearings which is also crucial to open justice and should be given the chance to make a statement. Except in exceptional circumstances, people must also be given the right to call witnesses and examine or have examined witnesses in the same manner as the prosecution.
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Address Line 1. Address Line 2 optional. Thank you! The Right to a Fair Trial. Fair Trials is the global criminal justice watchdog. The Right to a Fair Trial Fair trials are the only way to prevent miscarriages of justice and are an essential part of a just society. Key Stats. Open Justice Justice must not only be done, it must also be seen to be done.
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