What Is The Principle Of The Common Law System

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Common law system ,as the another side of civil law system which is mainly based on code system,usually applies the earlier case decided by the court decision which laid a legal principle known as doctrine of precedent .Thus, this legal system views decision of the court as a major source of law. Common law system emerged in English and exported around the world wherever British influence dominated.The legal system of the USA,and the “old ”commonwealth countries, are all based on the English common law.
The doctrine of precedent which is a fundamental principle of common law legal system means that the judges normally follow the legal rules created by the judge in earlier case where judge have made the legal rule known as precedent. For example , in the case of Donoghue v Stevenson[1932] AC 562,the House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Australian Knitting Mills [1936] AC 85. Also in Shaw v DPP [1962] AC 220 the House of Lords held that a crime of conspiracy to corrupt public morals existed. This was followed in Knuller v DPP [1973] AC 435 .
Moreover,there are two common ground factors in decision or judgement of judge which are ratio decidendi and obiter dictum. The ratio decidendi (ratio) which are the combination of the statement of law giving reason for the decision and the material facts is considered as the central rule which pave the

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