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History and Application of Common Law

2023-08-07 05:10:28

1a) The common law, which is widely known as the case law, is derived from the old British common law and is mainly based on precedents that were previously sentenced in connection with similar incidents or the grounds of the law . In addition, the common law is not codified, that is, there is no comprehensive editing of legal rules and it is not written in statues [tradole of common law and civil law, 2010: 1]. After the Norman conquest of 1066, the common law was believed to have been formed by the change and concentration of the King, in the Middle Ages, "The medieval king integrated the power and began to establish a new royal constitution."

The law of Nigeria is based on the rule of law, the independence of the judiciary, the common law in the UK (due to the long history of British colonial influence). Common law in the legal system is similar to the common law system used in England, Wales and other Commonwealth countries. The Nigerian Constitution provides a constitutional framework for the legal system. Giving Nigerian independence is a landmark event in the political history of the country. During this time I saw the integration of colonial political achievements. Politicians are really concentrating their mistakes on the political system. It acquired the status of the Republic for itself by removing the last traces of colonial rule. However, even though violence violates its provisions, the constitution is still the latter government (military or otherwise).

With the development of "common law" or case law, British legal history opened up a different path. In the common law law, the decisions made by the court on various matters so far were as important as the official regulations. In addition to the content of certain laws, there are no other powers in the courts of the civil code system. In the common law court, judicial decisions themselves become "laws" and have the same authority as the law. British common law system came to North America with British settlers who formed the foundation of the American judicial system. Therefore, our court has its own ability to interpret legal documents and set judicial precedents that form the basis of future court judgments.

In the common law tradition, the court decides the law applicable to the case by interpretation of rules and application of precedents. Unlike most civil law systems, the common law system follows the principles of compliance, most courts are bound by previous judgments in similar cases, and all subordinate courts ruled on a previous high court ruling You should do it. For example, in the UK, both the High Court and the Court of Appeals have made their own rulings, but the UK Supreme Court can deviate from previous decisions, but in fact it is rare.