Orientation to the Legal Department
The following report is intended to be used as a reference and introduction for employees who have had no prior experience in dealing with the legal department and have no knowledge of the law and legal concepts our company must deal with. As a new manager in this department I want you all to feel free for to come to me with any questions you may have as we all work towards becoming more efficient and aware of our company’s legal aspects and obligations.
In order to fully understand the role laws play into our environment I will describe some basic laws and their purpose in business and how ...view middle of the document...
Common Law comes to us from Ancient Rome. It is the basis for English Law and eventually became the basis for American Law. Many of our legal terms come from this era and common law simply means that laws are founded on common sense that is reflected by society at that time and are issued by judges. Under common law people are considered innocent until proven guilty and decisions made often reflect those made in similar cases (based on precedent). Common Law acts as an opposing force between two parties who are standing before a judge who moderates (Baker). In U.S. Common Law judges play a major role in the decision making process while jurors decide on the facts. The judge has the final say and bases his decision on precedent (common law), the evidence before him and the verdict.
Importance of Maintaining Precedent
The importance of maintaining precedent in the judicial decision making process is necessary to guarantee that all judicial decisions are consistent and logical with ones made previously. In Latin (the foundation of our laws) stare decisis means to “maintain what has been decided” (Perell) and this is the rule that common law follows. Precedent is not limited to states or region and therefore can be applied to the situation it is representing so that is maintains fairness with other similar situations.
Judicial precedence uses a hierarchy of courts which assures that decisions made by higher courts are followed by the lower courts which also ensures consistency within the judicial system. Precedent has been followed for more than 200 years in the U.S. and as each new case is decided by the court it sets a precedent for similar future cases. By following these practices all Americans can receive the same consistent treatment as the next person and be assured the have the same equal and fair rights as every other citizen.
Equitable and Legal Remedies
There are two types of remedies or means to achieve fair justice...