Law Opinion Paper

Law Opinion Paper

Introduction

After the Norman Conquest of 1066, system of common law was initially developed in England. The notion of common law originated in the 11th and 12th centuries with the kings of England granting the authority to settle disputes. Gradually, the concept of legal precedent took hold in English thought and the doctrine of stare decisis, that previous decisions should be used to direct the adjudication of new controversies, served as the operating principle for common law courts. Thus, English common law was created by the customary practices of judges and not by legislated decisions. English colonists brought their common law traditions with them, and therefore, common law serves as the basis of the legal systems in the United States. (Friedman L.. M., 2005)

Different from criminal law, the system of common law was used to settle on tort cases where a petitioner charged the suspect of some crime and appealed reparation for his injuries. Common law systems do well in adjudicating court cases anchored in contract law, property law and civil torts. There is no existence of such types of law in legislature and rather in common law, this law exists completely. Nevertheless, this is not usually the process in settling criminal lawsuits. Criminal law is intensely associated to legislative acts. The courts have decided that in order for the general public to be cognizant of what types of activity is regarded as criminal; it is only reasonable for this activity to be validated in legislative statute.

Since 1812, this has been the source of criminal law in the United States. Punishments are offered by legislative statutes in criminal law for offense that are unlike from sentence rooted in common law. Penalty for criminal wrongdoings try to cause affliction to the crook as well as ...