The common law originally derived its name from the centralization of the English government, including the administration of justice, beginning with the Norman Conquest of England in 1066. A body of law eventually developed, the common law, the law common and applicable to all Englishmen….
Two legal institutions developed in England during the Middle Ages to which plaintiffs could turn to assert their rights: The courts of law as mentioned above and the Court of the Chancery. This court originally stemmed from the residual judicial power retained by the King….
The trial can be held before a judge, a bench trial, or before a jury with a judge presiding, a jury trial. If a jury trial, the next stage is for the parties to pick the jury, the voir dire. Jury trials are one of…
The plaintiff initially decides the forum of the lawsuit by filing the complaint with the clerk of the court in which the plaintiff wishes to litigate. The rules regarding the content of the complaint and the specificity of the claims in the complaint are generous….
The emphasis on equity in the American legal systems is in direct contrast to the civil law principle of legal certainty. In certain civil law systems, judges are often prohibited from making law in the interest of legal certainty. The decisions of judges are perceived…