What are the concepts of case law and common law relative

Case law corresponds to statutory law, and common law corresponds to equity.

Case law is a representative summary of certain rules from res judicata, which is binding on similar cases in the future. The common law is a general term for a kind of legal rule that existed in the early days of the formation of the common law system, which is the general name of the legal rules applicable to the whole of Britain after Britain broke away from the rule of the Roman Empire and formed a nation-state, summarizing the original customary law in various places, so it is called common law (common law), and then due to the defects of formalism in the common law, the British king wants to strengthen the control of the national judiciary, and set up a court of the highest nature such as the Court of the Throne. Equity law, based on the Crown of Justice, adjudicates cases that cannot be remedied by common law in accordance with the judge's conscience and impartiality.

Case law is to take precedents as the standard for such cases in the future, and pay attention to precedents, in fact, it is to focus on the validity of facts, and the common law is more flexible, and each case is punished in accordance with some general provisions, and the same case may also be punished differently, which is the legal effect of emphasis! Moreover, the judge's free punishment is high, and there are pros and cons anyway!

Case law versus statutory law.

Common Law vs. Equity.

Common law versus civil law systems.

The differences between China's Guiding Cases and common law case law are as follows: different citations, different judgments, and different binding effects.

1. The citations are different.

1. Case Law in Guiding Cases: Case law in Guiding Cases cannot be directly cited in judgments and used as the basis for adjudication and adjudication, as is the case with common law.

2. Common law case law: Common law case law can be directly cited in judgments as the basis for adjudication.

Second, the judgment is different.

1. Case Law in Guiding Cases: In cases where the facts cannot be substantially distinguished, judges must follow precedents.

2. Common law case law: The common law case law is not exemplary but serves as a guide to select the most appropriate applicable law for the case being heard.

3. The binding force is different.

1. Case Law in Guiding Cases: Case law in Guiding Cases is legally binding and binding.

2. Case law at common law: Case law at common law is not legally binding but de facto binding.

The core lies in whether the judicial organ can be used as the basis for adjudication when it is applied, that is, it can be invoked. In practice, Guiding Cases may be used as a reference, but they are not noted in the judgment documents. Common law precedents have the role of law and can be applied as law, and judicial organs need to adjudicate similar cases in accordance with precedents, which can be noted in the judgment documents.

1. What is the difference between the common law and the lex specialis?

Article 92 of the Legislation Law stipulates that where the special provisions of laws, administrative regulations, local regulations, autonomous regulations, special regulations and rules formulated by the same organ are inconsistent with the ordinary provisions, the special provisions shall apply.

It follows that the relationship between the common law and the lex specialis should be that of the legal norms enacted by the "same organ". There should be an inclusive relationship between the two, and they must have the same temporal and spatial effects.

The lex specialis is a concept of the opposite, and it is relative, not absolute, to the distinction of the common law. In contrast, those with a narrower scope of application are special provisions, while those with a broader scope are ordinary provisions.

2. The difference between common law and equity.

1. The objects of adjustment are different, and the objects of common law adjustment are all-round, involving almost all fields of law; The object of equitable adjustment is limited and involves only areas of private law that cannot be regulated by the common law.

2. The sources are different, and the common law is mainly based on customary law; The law of equity is based on Roman law.

3. The procedures are different, and the procedures of the common law are complex and rigid; The procedure of equity is simple and lively.

4. The remedies are different, and the common law remedies are only damages; There are many equitable remedies.

3. What does it mean to unify the formulation of organs?

"The same organ" in the Legislation Law is "the same enacting organ"; In other words, the legal norms enacted by the same organ are essentially the legal norms of the "same formulating organ". Its identity should be understood as "the same" or "same name" of the organs, not "the same level", "the same system" or "the same function" of the organs, such as the ministries and commissions, directly under the organs of the same level, the departmental rules formulated also have the same legal effect, but not the same organ or the same name of the organ.

The Legislation Law establishes the application condition of "the same organ", which is more in line with the actual situation of the multi-level legislative body and the complexity of the legal system in China.

(1) Statutory law and case law complement each other. In terms of authority, statute law is superior to case law, and statute law can repeal, amend and supplement case law. However, judges are often constrained by the rules of precedent when interpreting statutory law.

2) Statutes are laws enacted and promulgated by Congress or by bodies authorized by or by legislation; Case law is the law created and developed by judges by dealing with specific cases. The former proposes the role of the Congress, while the latter embodies the role of the judges.

3) Enactment is mostly a horizontal adjustment of legal relations in a certain field, and case rules are manifested in different series of vertical adjustments to similar legal relationships. Case law can implicitly bring about reform through judges developing precedents; However, large-scale legal development and reform are often achieved through enactment, especially in modern times.

4) The formulation and development of statutory law is more logical and systematic, and the legal rules or principles are more clear and specific; Case law is unwritten, lacks systematization and clarity, and is not easily understood and grasped by the general public.

Case law correctly states that case law adheres to the principle of "following decisis".

Case law generally refers to court decisions that can be used as precedents to decide cases, and is often an important source of common law law as opposed to statute law. Under the case law system, the rules of law in a given judgment apply not only to the case, but often as a precedent to later cases under the jurisdiction of that court or a lower court. As long as the basic facts of the case are the same or similar, they must be dealt with according to the rules laid down in jurisprudence.

This is known as the "stare decisis" rule.

Case law is the main source of law in common law countries, and it is relative to the statutory or statutory law of civil law countries. The case law is not a special legislature, but the result of the judge's trial of the case, it is not created by the legislator, but by the judiciary, so the case law is also called the law of judges or the common law.

The case law system was first produced in England in the Middle Ages, and the United States is the most typical country that implements case law. U.S. courts are very flexible in their approach to precedents, i.e., if the precedent is appropriate for the case at hand, they follow it; If the precedent is not appropriate for the case at hand, the court may refuse to apply the precedent or establish a new legal principle and overturn the original precedent. So what is the binding force of US case law?

It can be summed up in two sentences: in the same legal system, the subordinates are subordinate to the superiors, and if there is a problem in another system, there is mutual respect.

Is it characteristic of the following legal systems to make judgments based on previous precedents and precedents?

a.The continental potato is a good line.

b.Religious law.

c.European and American law.

d.Common law.

Correct answer: d