LLB is the contraction of the Bachelor of laws that derives from the Latin word ‘Legum Baccalaureus.’ Lagum refers to the plural of ‘lex,’ which means law, and ‘‘Baccalaureus” means the Bachelor’s degree. Thus, LLB is the study of the case laws that allows students to study English as well as local laws for the understanding a country’s overall body of legislation, regulation and constitution. An LLB degree opens the doors to many opportunities. It helps a graduate to make differences between right and wrong.
A few important types of law include administrative laws, civil laws, contract laws, family laws, consumer laws, foreign laws, taxation laws, and tort laws. Having a proper understanding of the implementation of these laws not only makes you a good lawyer, but it also makes a law graduate a more responsible citizen. Thus, this article by TheAcademicPapers.co.uk will discuss the case laws, their importance, ways to distinguish the case law, and ways to memorize and prepare them.
What Are Case Laws And Their Importance?
The common name of case laws is common laws due to the reason that they are not based on constitutions, regulations, and statutes. Instead, common laws solely rely on precedents as well as previous judicial discussions. In simple words, case laws are the legal principles developed by considering the previous judicial decisions. Unlike the laws based on statutes and constitutions, common laws come from the aggregation of court opinions analyzing the laws as per individual case situations. Some important examples of common laws include Miranda rights, strict product liability, and gay marriage cases. Moreover, its types include criminal cases, family cases, and civil cases.
Importance Of Case Law In The Judiciary
Case laws are very important in interpreting the law. It helps the lower courts judges to make decisions in the light of the previous decisions of the higher courts. It is important as it allows judges to make decisions by considering the scenario instead of following constitutions only. In the common law system, judges can make their ruling as reasonable as possible. In fact, many times, these common laws act as the starting point of American laws or constitution. Thus, the biggest advantage of the case laws is they are adaptable to an individual’s situations and can provide ruling about the cases not discussed by legislations.
How Do You Distinguish Case Laws?
In LLB, to distinguish a case means the court will not only decide the legal reasoning by only seeing the precedent case despite having a number of different material facts between two cases. While making any decision, two formal constraints must be visible in the judgments. The first refers to the re-use of relevant consideration or expressed factors of the earlier case with additional case-specific factors in the judgments.
At the same time, the second is the ruling of the later case must not doubt the rulings of the precedent case. Thus, to distinguish the case laws with business and market laws, you must consider the basis of judgment in a precedent case by taking into account the distinguishing factor between the two cases while making legal decisions. If a decision of a case fails to follow a binding precedent or the court has invented the law, the lower court decisions can be overruled by the higher court.
How Do You Memorize Case Laws?
The LLB students must add the case laws in their answers to make their studies more impressive. But remembering case laws is a difficult process. Moreover, learning case laws also helps students in understating constitutions and statutes more practically. Thus, students can use the following ways to memorize case laws quickly:
- Develop a habit of reading laws on daily bases
- If something seems difficult, read the context again and again until you get the crux.
- Listen to the news and read newspapers to remain updated with all hot cases and their court decisions.
- Relate the latest criminal, family, and civil cases news and their decisions with the information you gathered by studying law books, articles, and YouTube videos.
- Try to attend a workshop and internship under any reputed lawyers.
- Select any law topic of your interest, research, and write a small article.
- Follow the latest cases and debate with friends for better understanding. It will also increase your general knowledge.
- Share anything you find interesting with your classmates.
How To Prepare For A Case Law?
In order to prepare for a case law, you must first isolate the case’s most important parts and describe them in a different way. For this, you must read the whole case as many times as you can. Reading and isolating different parts of a case helps the lawyers to know what the court said and what aspect helps the judge to make a particular decision. Reading is also an important way to know the legal legislation and constitutes. You can also get law assignment help online if you are unable to focus on reading. Moreover, the following are some important points:
- Select a suitable format for a case law
- Label a case with a strong title
- Highlight all the important facts and figures
- Outline the procedural history
- Link the procedure history with the case’s important point to make an informed decision.
Consequently, Case laws are the laws that give rights to judges to give a ruling without considering statutes, legislations, and constitutions. They provide flexibility as the judge can provide judgments on a case by considering the precedent rulings of the higher courts. But, the expressed factors and trust in the previous judgment by considering different materially facts between different cases are important to keep in mind while dealing with civil, family, and criminal cases. For better memorizing the case laws, you should read different cases in the newspapers, listen to the news and make arguments with a friend on different topics. Moreover, for preparing the case laws, you just need to select a proper format, label the case, distill its important parts, outline the procedure history and create a link between them.
