Asked by marta kebede on May 05, 2024
Verified
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is no legislation that deals with the issue between them. If the judge did not use the Common Law in this case, she would have to rely on the theory of precedent instead.
Common Law
Common law is a body of law derived from judicial decisions of courts and similar tribunals, rather than statutes passed by the legislative body.
Precedent
A legal principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts.
Legislation
Laws and statutes enacted by a governing body to regulate, authorize, sanction, grant, declare, or restrict.
- Understand the role and application of Common Law and the theory of precedent in legal decisions.
Verified Answer
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Alexis DelgadoMay 10, 2024
Final Answer :
False
Explanation :
The theory of precedent, also known as stare decisis, is a fundamental principle of Common Law, meaning that if the judge is not using legislation, relying on precedent is essentially relying on Common Law principles.
Learning Objectives
- Understand the role and application of Common Law and the theory of precedent in legal decisions.