Response Paper

Response Paper

Common Law

As in other countries where the legal system is based on the common law (common law) U.S. legal system is complicated by the large number of judicial decisions having the force of precedent. Its fundamental principle is the principle of following judicial precedent - in a proceeding the court must follow the previously established court decisions in similar cases. However, in the United States the principle of following precedent is not considered an absolute courts and judicial practice is moving towards a flexible application of this principle, adapting to each historical stage of development of the country to ...