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_____ seeks interpretation through the past decisions of higher courts which interpret the same statutes or apply established and customary principles of law to a similar set of facts.

a. Constitutional law

b. Family law

c. Criminal law

d. Civil law

e. Common law

User TreantBG
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1 Answer

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Final answer:

Common Law is based on judicial precedents rather than legislative statutes, and 'stare decisis' is the practice of making rulings based on previous decisions in similar cases. The correct answer to the student's question is e. Common Law.

Step-by-step explanation:

The concept you're referring to is Common Law, which is a system of law that is based on the precedents established by past judicial decisions, rather than written statutes or legislated codes. In common law systems, when a court decides a case, its ruling should become precedent for future cases presenting similar issues or fact patterns. This principle is known as stare decisis, which means to stand by things decided, ensuring consistency and stability in the legal system by respecting the decisions of higher courts.

Under the doctrine of stare decisis, a principle or guideline established in a previous legal case is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts. This reliance on past decisions allows for a more even-handed administration of justice and contributes to the legitimacy of the court system. It is a key feature of common law systems like that of the United States, which differ from civil law or code law systems where the role of judicial decision-making is typically more restricted to the application of legislative statutes.

Therefore, the correct answer to the question is e. Common Law.

User Dan Orlovsky
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