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the difference between" law "and" legally "? Have you ever wondered what the term" common law "mean? If you have problems with these conditions, this article will help.
Judge-made law. Statutes of the legislature of the government, while the law is the product of the judiciary. Black's Law Dictionary defines "law" as "the sum of the reported cases as a body of case law where the law of a particular topic... Is determined by the closed cases.. .." The definition of "common law" in the black states, in part: "the body of those principles... which is their authority solely from usages and customs... or of judgments and orders of the courts to recognize and enforce this affirmation and Traditions.. .." The labels of common law and the law essentially interchangeable.
Legal precedent / Stare decisis. They play an important role in the development of jurisprudence. Bonds again from Black's, legal precedent is a previous decision by a court that the authority established for a similar future, where a similar question of law. Courts decide cases, largely on the basis of the principles laid down in previous cases, in the vicinity of facts or legal principles to the case at hand. A court's decision on a new issue is a rule of law for a certain type of case, in the future in a similar case is decided. The doctrine of stare decisis, by the black as "to hold or adhere to decided cases", is an important principle in the creation of the law. Courts and courts of appeals precedent is not to disturb a settled point. Note: Black's: "If court under the principle of the right to a certain state of facts, it will follow that principle and apply it to all future cases where the facts are basically the same, regardless of whether the parties and property are the same. "
What case? A large part of the law for Indiana Foreclosure comes from the Indiana Court of Appeals (http://www.in.gov/judiciary/appeals/) and the Indiana Supreme Court (Supreme http://www.in.gov/judiciary/ / ). This is how the law is born: complaints are filed and litigated in the jurisdiction (circuit and superior courts in each of Indiana County). Parties, the subject of an adverse decision by a court, either in conjunction with a pre-trial motion or during the process, may appeal against the decision of the Indiana Court of Appeals. The Indiana Court of Appeals The Court of studies recording the proceedings and decide on the appeal. Often, the appeals court will issue a written opinion from so-called case (and therefore "law"). The opinion usually a summary of the facts, it says in the questions, gives an overview of the applicable statutory requirements and provides an analysis of the application of the regulations to the facts. The opinion ends with a conclusion, also known as "Operation", which states whether a party won or lost on the issue (s) presented. A party may object to the Indiana Court of Appeals' decision the Indiana Supreme Court. The Indiana Supreme Court when it considers the complaint, then a separate written opinion. This written appeal panel opinions are in hard-bound law books (Reporter) and electronically (eg through LexisNexis). You can also use the court websites.
Cases, equal education opportunities. The appellate court opinion, which collectively the law to deal with a wide range of topics from specific rights and obligations of any party, arising from the interpretation of the statute and how it applies to a particular circumstance. Since the comments, the reasons for the court to the conclusion, they offer an insight into a particular article of the law. This argument is valuable for the attorneys and parties, they serve as guidelines for future behavior and decisions. This is the reason why the court comment on my blog is so important. Relevant decisions of courts teach banks and lenders that deal with loans in default, and the collection of debts, of their rights and obligations. If you need to know beforehand whether Indiana law has a specific question, lawyers like me will be to ensure the necessary legal certainty to the answer, provided a definitive answer. But do not be surprised if there was no case to point. Frequently, there are loopholes in the law that uncertainty. Lawyers are often taken by their customers to advise how a particular matter can be determined if it is neither a statute nor a case directly on point.
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