Understanding Law Language
LS-311-02 – Business Law
1/14/14
Kaplan University
There are many terms that consist within the language of law, which many do not understand. Unless you work in the legal field, you might not understand quite what these terms mean or refer to. For most of us, it would help for the meaning to be broken down into simpler words or terms to create a better understanding. Below, you will see an example of this breakdown, using the following words: Common Law, jurisdiction, precedent, statute and remedy.
In some readings you may find the definition of Common Law to be general rules applied in the English realm in its entirety (Miller & Jentz, 2010). In simpler terms, the meaning of Common Law is exactly how it sounds. Common Law is familiar or common rules that are applied throughout an entire land. They became common because they were seen or practiced over and over and became familiar to most everyone. Judges apply the principles of Common Law when making decisions (Miller & Jentz, 2010).
If you are not familiar with law terminology, it would be rather difficult to figure out what jurisdiction means. Put simply, jurisdiction is a certain area where a court can apply the law (Miller & Jentz, 2010). If a crime is committed, then the person who committed the crime is going to go to court in the area the crime took place, because that court has jurisdiction over the area where this crime takes place. If you live in Cumberland County but have committed a crime two counties away, you are going to go to court two counties over in order not to be out of a judge’s jurisdiction.
Judges and lawyers often refer to past cases for determining the verdict of a current case. When a current case has similarities to one of the past, the Judge is going to rule the same way the similar case was ruled. The previous cases that are referred to are called precedents. I have found that a good way to...