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Common law legal systems are ones in which the importance of law formed through court decisions is central, as opposed to law formed through statutes or written legislation. Common law systems are founded on the theory that similar cases should receive similar treatment under the law. This quiz tests your knowledge of the language used when describing common law systems.
When I took this quiz it struck me that the opinions which have value as legal precedents in the U.S. are those of appellate justices, not trial judges. So in the U.S. it would not be accurate to say that case law is developed through the opinions of judges written at the end of trial. The opinions of federal trial judges may be cited for persuasive authority, but they are never binding precedent except within their own jurisdiction. The opinions of state trial judges are not published. In fact, in California, not even all appellate judges’ opinions are published, and unpublished opinions cannot be cited as authority. (All California Supreme Court opinions are, however, published & citable.) FYI, I have practiced appellate law in California since 1983 and have a certificate from the UC Berkeley Extension program in TESL.
Thanks.
Dear Irene
Thanks very much for the useful notes on US law. Perhaps the above quiz reflects my UK background. In the UK, the decision of a court of first instance (and, indeed, any court) would also be used to guide a judge as long as it had not been overruled on appeal.
Thanks again for the notes and feedback.
Matt