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This chapter is designed to provide you with an understanding of the American system of law, our tripartite system of government, and sources of law. Copyright 2021 Carol M. Bast. All rights reserved. Our Common-Law Heritage Common

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This chapter is designed to provide you with an understanding of
the American system of law,
our tripartite system of government, and
sources of law. Copyright © 2021 Carol M. Bast. All rights reserved.<br>
02
Our Common-Law Heritage
● “Common law” is the system of law developed in England and transferred to most of the English- speaking world. Many other countries are civil law jurisdictions.

● Louisiana, with its French and Spanish heritage, is the only state in the U.S. that is a civil law jurisdiction. Copyright © 2021 Carol M. Bast. All rights reserved.<br>
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Common Law
A traditional common-law system emphasizes case law or common law over legislation.
Common law is developed case by case from court decisions and considers prior case law to be a very high source of authority.
Common law follows the doctrine of stare decisis, under which a court should follow the legal principle decided by that court or a higher court in a prior case where the facts of the prior case are substantially the same as the facts in the present case. Copyright © 2021 Carol M. Bast. All rights reserved.<br>