How Do Different Law Forms Affect Case Decisions?

HowDo Different Law Forms Affect Case Decisions?

HowDo Different Law Forms Affect Case Decisions?

Lawsexist in two distinct forms known to be Common and Statutory laws.They are significant, considering the fact that they have distinctdifferences, with common law, being based on case law or precedent(Harret. al., 2012), and statutory law, legislatively beinglaws that are written by the decision of the legislature or and evenan agency of the government. Their differences emerge based on howthey are created and the foundation of challenges they address.

Commonlaws entail the creation of new laws through the judges’ decisions.Most common laws develop when cases get listened to by judgesenabling them make decisions. However, where no applicable law isfound, the decision by judges becomes law, affecting the case infavor of the suspect or not favoring the suspect. The situations maydepend on lawyers’ arguments through submissions made to the courton different matters, for decisions making, based on common andstatutory laws applicable (Alexander &amp Alexander, 2011).

Statutorylaws according to Harret. al., (2012) are meant to meet theneeds of citizens, formalize laws, which exist and even resolveoutstanding issues, by the courts referring to the government. Thejurisdictions of the laws and effectual dates widely vary. In casesthey get to be followed strictly, because they are documented.Therefore, offering decisions as per the citizen’s expectations, afact considered to be affecting a given case.

Casesto verify the functional aspect of the laws exist. Numerous countrieshave combined these law forms into practice of law. Keeping up todate of decisions made is important, because decisions tend to strikedown on old laws, creating appeal avenues for prior decided cases(Alexander &amp Alexander, 2011). To support the distinctiveness oflaw forms and how they affect a case decision, the issuance of awarrant of arrest may be exemplary based, with statute lawsgetting to be observed by law enforcers. In a lawcompromising situation to law enforcers, common law may apply likeconducting a search without a warrant (Harret. al., 2012).

References

Alexander,K., &amp Alexander, M. D. (2011).Americanpublic school law.Cengage Learning, Sydney, University of New South Whales.

Harr,J. S., Hess, M. H., &ampOrthmann, C. H. (2012).Constitutional Lawand the Criminal Justice System (5thEd.). Belmont, CA: Wadsworth.