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Influence of common law system
Parista desar
Contents
• Introduction
• Features
• Origins of common law system
• Influence
Introduction
• Common law system is guided by judicial decisions or
precedents which are made by judges using and
exercising their conscience and reason.
• The origin of common law system may be traced in
England.
• It has no basis in statute and is established and
developed through written opinions of judges
delivered at the end of a trial.
• It is based on the concept of judicial precedent.
Features
• There is not always a written constitution or codified
laws.
• Judicial decisions are binding,
• decisions of the highest court can generally only be
overturned by that same court or through legislation.
• Extensive freedom of contract,
• Few provision are implied into the contract by law,
Origins of common law system
• It was developed in four stages. They are
1. Anglo-Saxon
2. Norman Period
3. Recognition of Equity
4. Legislation
• It consists of the rules and other doctrine
developed gradually by the judges of the English
court as the foundation of their decision
Influence
• It is most important and major legal system
dominated on Nepalese legal system.
• The impact of common law took place after 2007 B.S.
• The impact are
 Constitutional monarchy
 Western minister model of parliament
 Recognized principle of justice
 Principle of natural justice
 Principle of criminal justice
Influence of western model of education system
Rule of law
Independent judiciary
Judges from bar
Government prosecution through state case act
2049B.S
Neutral roles of court and judges
Discretionary power goes to judges
Equality before law
Equal protection of law
Adversarial legal system
Reason based decision
Contempt of court is crime
Influence of common law system
Influence of common law system

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Influence of common law system

  • 1. Influence of common law system Parista desar
  • 2. Contents • Introduction • Features • Origins of common law system • Influence
  • 3. Introduction • Common law system is guided by judicial decisions or precedents which are made by judges using and exercising their conscience and reason. • The origin of common law system may be traced in England. • It has no basis in statute and is established and developed through written opinions of judges delivered at the end of a trial. • It is based on the concept of judicial precedent.
  • 4. Features • There is not always a written constitution or codified laws. • Judicial decisions are binding, • decisions of the highest court can generally only be overturned by that same court or through legislation. • Extensive freedom of contract, • Few provision are implied into the contract by law,
  • 5. Origins of common law system • It was developed in four stages. They are 1. Anglo-Saxon 2. Norman Period 3. Recognition of Equity 4. Legislation • It consists of the rules and other doctrine developed gradually by the judges of the English court as the foundation of their decision
  • 6. Influence • It is most important and major legal system dominated on Nepalese legal system. • The impact of common law took place after 2007 B.S. • The impact are  Constitutional monarchy  Western minister model of parliament  Recognized principle of justice  Principle of natural justice  Principle of criminal justice
  • 7. Influence of western model of education system Rule of law Independent judiciary Judges from bar Government prosecution through state case act 2049B.S Neutral roles of court and judges Discretionary power goes to judges
  • 8. Equality before law Equal protection of law Adversarial legal system Reason based decision Contempt of court is crime