Week 1 Assignment
Even though not all laws are defined by legislature, general rules have been put in place to maintain a legal standard. Being established by the English almost a thousand years ago, it moves with the times and allows changes to come in and set a new precedent or change what is already in place. Common law strives to maintain that standard by obligating judges to rule based on the precedents that have already been established.
The sources of American law are separated into the primary and secondary sources. The primary source of law is mostly administrative. This consists of constitutions (federal and state), statutes and laws, regulations. The one that sets itself aside is Case law that ...view middle of the document...
It protects the continuity of the legal system within any jurisdiction. That provides the legal standard in any case dependent on a similar case happening before. There is a first time for everything and there will be plenty more first time occurrences within our legal system. In those cases we look towards persuasive authority to help interpret laws into setting a standard from the first case and improving it as it shows more often.
Even when a precedent is already established our national lifestyle and acceptance can change over time. As that time moves on and changes occur within our society or even the creation of better technology may prove cause to change that standard. The only way to make those changes is to introduce it within a court and challenge the existing standard.
Equitable remedies focus towards performance and contractual obligations. By entering in a contract for specific work to be done that person is obligating him or herself to fulfill that contract. If the work is not complete and no payment changes hands it is still quite possible for the customer to sue for an equitable remedy and get the job completed. That has a possibility to be ordered by the court with a set amount to be paid by the customer as well.
Legal remedies often work with equitable ones to get the desired result. The biggest difference between them is a legal remedy is solely focused on the monetary compensation. They can be judged by a single judge or a jury. Keeping on the topic of the unfulfilled contract, if the contracted person failed to do any work at all after signing the paper and further damages was caused by it, the contractor could face a legal remedy going beyond the original job. But on the other hand if the plaintiff failed to do anything to prevent further damages, they are accepting the responsibility themselves.
Miller, R., & Jentz, G. (2011). Business law today, comprehensive. (9th ed., pp. 2-52). Mason, OH: South-Western Pub.