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Based on English common law, personal law based on sharia law applies to Muslims. Nigeria: Common law is used at the federal level and in most states, Sharia is applied in some northern states. Pakistan: Based on English common law, some Islamic law (sharia) applications in inheritance. Formerly Tribal Law in the FATA. [33]
Roman Dutch common law jurisdictions include South Africa, Botswana, Lesotho, Namibia, Swaziland, Sri Lanka and Zimbabwe. Many of these jurisdictions recognise customary law, and in some, such as South Africa the Constitution requires that the common law be developed in accordance with the Bill of Rights.
Until 1938, federal courts in the United States followed the doctrine set forth in the 1842 case of Swift v.Tyson. [2] In that case, the U.S. Supreme Court held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different U.S. states) had to apply the statutory law of the states, but not the common law developed by ...
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, [citation needed] which was created to permit individuals to press civil grievances against one another that did not involve the King.
In jurisdictions using a common law system, the doctrine of stare decisis applies, whereby the principles applied by the supreme court in its decisions are binding upon all lower courts; this is intended to apply a uniform interpretation and implementation of the law.
Codification is one of the defining features of civil law jurisdictions. [contradictory] In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. [1] [2] [3]
They also make law (but in a limited sense, limited to the facts of particular cases) based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law. Common law decisions set precedent ...
1 Specific to common law jurisdictions; 2 Specific to civil and mixed law jurisdictions; 3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions; 4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition