The Judiciary and The Common Law Tradition
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Distinguish between common law and civil law systems
o Two Distinctions:
 The authority of courts to develop rules governing certain areas of law
 Torts and contracts
 Broad discretion to interpret statues, meaning can change but
words remain the same
o Ex: Civil Rights Act of 1964, in effect for 50 years, in the
last two years meaning has changed
 The obligation of judges to follow precedent

In civil law system judges have no independent authority to develop rules
 All law comes from legislative branch of government
 Judges decision are not precedent for future decisions
o Principle by which a judge;s decision becomes a precedent is known as a Stare
Decisis
 Means to stand on decided cases
 Judges are obligated to follow the precedents established within their
jurisdictions
 Stare Decisis contributes to predictability and stability to the law, which
benefits you as a businessperson. Gives you the opportunity to selfregulate in order to avoid litigation.
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Highest court in TN is TN Supreme Court
 Decisions in this court are only precedent towards TN but not to
any state outside of TN
Highest court in the US is the US Supreme Court
 Decision are precedent for all courts in the US