When dealing with legal matters in the world there are some common terms that are often used; they are Common Law, Jurisdiction, Precedent, Statute, and Remedy. To help to understand legit legal issues better this paper will define and describe each of these frequently used terms.
Common Law is defined as “that which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was later adopted in the U.S. that is based on precedent instead of statutory laws. (COMMON LAW)” The United States are a common law nation. In all states except Louisiana, which is based on the French civil code, the common law of England was embraced as the general law of the state, with the exception being that if a statute provides otherwise. Common law has no statutory foundation; judges create common law through written ideas that are become obligatory on future decisions of lower courts in the same jurisdiction.
Jurisdiction is “a power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory and his power in relation to his territory is called his territorial jurisdiction. (JURISDICTION)” Every act of jurisdiction implemented by a judge without being in his or her territory, either by voicing their sentence or carrying it into execution, becomes null and void. An inferior court has no jurisdiction beyond what is expressly delegated.
Precedent is described as the “Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts (within a particular system of courts) are mandatory