Sample Case Study Paper on Common Law System

Common law encompasses the legislation developed only by the judges, where the same
court can only amend decisions pertaining to them. In particular, these laws are set after judicial
decisions, legal findings, or court rulings have been made. Primarily, judicial opinions are of
utmost importance in the legislative process and across justice systems. In Canada, the common
law is used across all the provinces except Quebec, which applies the civil code attributed to the
French Code Napoléon. The common law differs from the civil one in that the former is based on
judicial rulings, while the latter can only be inferred from prescribed texts or statutes. During the
judicial rulings process, collections of precedents are laid out to create variation before the final
sentence is made. For instance, the common laws integrate phrases, such as "unfit to stand trial,”
which is an understanding that defines the soundness of the defendant to appear in court. Most
jurisdictions apply the common law, for instance, in England, it was developed by judges who
were operating in courts and appointed by the king. Significantly, common law serves as the
overall sovereignty tool based on the formulation of precedents by judges and can be enacted to
control the security, welfare, and drive for positive health outcomes across the population.
A standard law system involves unconventional legislation based on precedent and is formulated
by judges. These precedents are historical understandings that apply to law, and judges refer to
them, although clarifications are often demanded due to the diverse circumstances associated
with the same models. Over time, judges formulate the laws through harmonizing the past
decisions, therefore, common laws cannot be found on specific codes or statutes (Soares et al.,
2019). Given their constructive nature, common laws are flexible as judges can introduce new
legal doctrines and make amendments. Based on the British form of legislation, Canada's
common laws are constituted in the Charter of Rights and Freedom (Epstein, 2018). Essentially,

judges refer to precedents and past decisions made on similar court cases presented to them
except for unique and complicated issues that demand insights into the contemporary codes and
statutes. Consequently, the case laws are handled concerning multiple legal concepts and
variations of such precedents to arrive at a final decision. Due to the exclusivity of the common
laws, only governments and state authorities can direct judges to make or amend the precedents
to suit the administration's needs. The common law system is still applied in various nations
across the world.
The common law system can be applied by governments that aim to protect citizens from
violation or exploitation by sectors of the same administration or private corporations. In this
case, a common law system acts as the protective legislation over citizens of a country or
territory due to its nature (Deng, 2019). As judges exclusively formulate common laws, primary
objectives may include protection. Categorically, programs meant for the general public are often
enshrined under the common law in a state to serve as the protective body for citizens
(Chakraborty & Purkayastha, 2020). Significantly, the Canadian Charter of Rights and Freedoms
is a common law enacted to protect society's democracy. Under the charter, the government or
other entity related to it is prohibited from interfering with the rights or discarding the people's
freedom. In practice, the common law can include one that prohibits cutting off utility services,
such as water or electricity for citizens. Similarly, the common law in a country can imply
bargaining provision against the other party, which may have more substantial bargaining power.
Besides, common laws are essential in boosting citizens' ultimate security in a country or
territory since only one body can formulate or amend. Common laws governing personal lives
can be channeled towards defending individuals in multiple dimensions. For instance, common
laws allow individuals to sue parties for violating their seclusion or solitude manner, which both

account for security. The common law can also be sought when individuals need to protect
information shared on digital platforms (Asasriwarnia & Jandra, 2018). In this case, the common
laws are essential during protecting an individual's private life, especially from identity theft,
business manipulation, and unfair competition. By publishing the common laws, an ordinary
citizen in a country can conduct business without fear and sue privacy intruders (Mayanja, 2017).
Often, governments enact these laws to protect citizens' interest in the face of exploitation and
identity theft. As a result, unfair forms of business operations, identity fraudsters, and
information access in your social media.
In conclusion, the common law system is based on solid understandings or precedents
used by judges for reference when hearing court cases. This form of law system is flexible,
although judges can only make changes from a jury's particular level. In this case, the system
relies on applying the precedents to deliberate on current court trials. Due to the flexible form of
usage, common law systems are mostly utilized by state governments to cater to the general
public. For instance, the Canadian common law system paved the way for the Charter of Rights
and Freedom, based o the government's interests. The application of common law systems can be
attributed to various advantages, such as promoting welfare and security to a country's citizens.



Asasriwarnia, A., & Jandra, M. (2018). Comparison Of Legal System: Islamic Law System,
Civil Law, and Common Law. UMRAN-International Journal of Islamic and Civilizational
Studies, 5(2-1).
Chakraborty, A., & Purkayastha, R. (2020). Bengal Renaissance And Its Impact On The
Common Law System.
Deng, J. (2019). Should the Common Law System Welcome Artificial Intelligence: A Case
Study of China’s Same-type Case Reference System. GEO. L. TECH. REV., 3, 223.
Epstein, R. A. (2018). A Common Law for the First Amendment. HARv. JL & PuB. PoL'Y, 41,
Mayanja, S. J. (2017). Circumstantial Evidence and Its Admissibility in Criminal Proceedings: A
Comparative Analysis of the Common Law and Islamic Law Systems. JL Pol'y &
Globalization, 67, 26.
Soares, M. N., Kauffman, M. E., & Martin, R. F. (2019). Economy law and economic analysis of
law and the impacto on intellectual property in the common law system. Revista Direitos


Sociais e Políticas Públicas–Unifafibe, 7(2).