The common law originated in England where it was based on court decisions and old customs instead of written laws. According to the common law definition, the system is distinct from statute law and it is based on judicial decisions.
The common law is integrated in a legal system that gives great importance to precedential events. It is based on the idea that similar facts should be treated the same even if they took place on different occasions. There are some situations where the parties don’t agree on what law is, so the common law court turns to precedential decisions that were made in the past by other important courts.
The principle which implies solving a dispute by searching the answer in a prior decision is known as “stare decisis”. However, there are cases where the current disagreement is totally different by everything else from previous cases. In this situation the judges have to accomplish a difficult task which involves making law and creating precedent. Furthermore, they will make a decision that will serve as model for other courts.
There are many students who are thinking of building a career in this domain, but they don’t know what to expect from the jobs they are going to have. The most important thing that they should know is that they will have to deal with tax cases, health insurance cases and they will have to solve disputes between landlords and tenants.
The common law definition implies that the cases that barristers are on usually don’t last more than two days due to their low level of difficulty. The pupils have to spend a lot of time at the county court or at the tribunal, because the high court is not very accessible. So, building a career as a junior can be a difficult task in these conditions. However, they have the opportunity to develop their intellectual capacities which will definitely help them in future.
One of the most important skills that are required for this job has to do with the ability of making a client feel like he has no reasons to worry about the case. Instilling him confidence will also help the barrister be more confident in his own powers. An analytic view represents a big advantage because it helps identifying the most important facts that are not very visible from the start. So, that is one of the most important requires invoked by the common law definition.