Archive

Posts Tagged ‘Due Process’

What Is … Common Law?

March 25th, 2009

Common Law is a system of law that depends on previous judicial judgements or precedents to establish law.  

By way of contrast,  statutory law creates law with the successful statutes of a legislative body and regulatory law utilizes requirements and obligations handed down by members of the executive branch to form law.  Consitutional law predicates its laws upon the articles of the Constitution.

A governing principle of common law is stare decisis which in short means that if the components of a case are materially the same as a previously decided case then a similar result must be reached.

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Who Is … Learned Hand?

March 23rd, 2009

Billings Learned Hand (1872 – 1961) was a federal judge for the United States District Court in the Southern District of New York and later was the Chief Justice of the Court of Appeals for the Second Circuit.  He was from a politically active family (historically Democrat) and a line of lawyers.  Judge Hand dropped his given name of Billings early in life saying it was too pretentious.  The judge was only passingly successful as a lawyer; it wasn’t until he was elevated to the level of federal judge that his critical thought, liberal bent and attitude of judicial restraint shone vibrantly.

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