(1600 words)
There are two cases that have been kicking around for nearly a decade now. They have been to the Supreme Court, granted certiorari, had the inferior court’s opinion vacated, and then remanded down to the inferior court “in light of the opinion in Bruen”
One is Duncan v. Becerra. This is part of the games people play when they know they are losing. In short: the District court found for The People. The Ninth shit on The People. The Supreme Court said to the Ninth, “You got it wrong, morons, do it over, right.”. The Ninth sent it back to the district “in light of Bruen” with “It was done wrong, do it over.” The district found for The People again. The Ninth decided that a merits panel might find for The People, which they would not allow. So they took the case en banc and have yet to hear oral arguments.
The other is Bianchi v. Frosh which is now Bianchi v. Brown because it has been going on so long, the AG of Maryland has changed.
The United States operates under the concept of “Common Law”.
Currently, a number of societies around the world are reforming their legal systems, often upon emerging from years of oppression. Two transatlantic models, the civil law and common law, will have a great influence on these reforms. For one thing, the two basic models already cover over 70 percent of the world’s population in some 62 percent of the existing legal systems. Moreover, there will be many practical, economic advantages to westernizing a legal system, which necessarily means incorporating at least some aspects of one or both transatlantic models. The key is to extract the best features of the models and adapt them to the specific legal culture.
The civil law approach to judicial design in particular has much to recommend it. A dominant feature of the civil law model is the responsibility it places on the judge in dispute resolution. True, common law judges have more authority in the sense that they can evolve the law through precedent, whereas civil law judges do not have that authority. The civil law judge, however, dominates individual litigations and hence sound dispute resolution depends on the quality of its judges and on assuring that they have the wherewithal to perform their responsibilities to the best of their abilities. Thus, the lessons from civil law judicial design are particularly worthy of consideration in reforming a legal system.
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The Advantages of the Civil Law Judicial Design as the Model for Emerging Legal Systems | Indiana Journal of Global Legal StudiesThe dictionary definition doesn’t help much. The key in common law is the use of precedent. Under common law, judges should use the decisions of previous courts to make current decisions. This leads to everybody being treated equally under the law, theoretically.
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