A Common Law System is a rule that has been derived from the upper level in the hierarchy of courts in a country or state (Epstein, 2018). It is ordinarily based on the judicial courts, stating that courts which are on the lower level, for instance, District Magistrate Courts must respect the decisions of the higher courts like the Supreme Courts or Court of Appeal for example, instead of the statutory laws.
Federal Laws
They are bills that have gone through discussion and vetting by both houses of Congress. Federal Laws can even be passed and become law without the president's signature. In most instances, however, they have been signed by the head of state and passed over by his veto.
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Why Judges Should Not Only Base Their Verdict on Federal Laws but Also on Background Principles and Morality
Federal Laws are essential and should be treated with the utmost respect by any court of law (Thomas, 2017). Judges should, however, be fair enough to send the lawyers to perform a background check on the morality and principles of the accused persons before making a final decision. Some bills may be passed at times, even though they are not practical. A death sentence, for example, for a person who has committed murder (Postema, 2019). Various circumstances could have led the offender to commit such a crime, for instance, self-defense. It will be more appropriate in this case, therefore, for the judge to consider having the charged person investigated on his or her principles and morality. It probably will be of great help in the determination of the outcome of the case.
Some cases are just determined the fact that the person charged is a prominent figure or is in some way related to one. They, therefore, have high ranking lawyers to defend them who understand clearly how the federal laws work. In this case, for example, a known criminal may be released on a bond because the bill was passed (Thomas, 2017). The judge should consider going the extra mile and getting to understand the morality of the accused. He will surely get to find out what kind of a person he is and get to give a practical verdict.
Society is the best teacher when it comes to discipline among the members that dwell in it. It even acts as a whistleblower (Postema, 2019). Most criminal cases or offenders have been arrested by the help of members of a particular area. It happens mostly where the atrocities have been committed. Some offenders have been known to reform fully after the neighbors took the initiative to monitor their every move making sure they lead the right way and do not go back to the old vices. A background check, therefore of the accused persons, in the areas they dwell in, will always be of great help in determining the various cases. Law Makers should consider adopting this rule to help shape the world we live in.
References
Epstein, R. A. (2018). A Common Law for the First Amendment. Harv. JL & Pub. Pol'y, 41, 1.
Thomas, C. R. (2017). Author's Response to “Comply With Federal Laws Before Checking Institutional Guidelines on Resident Referrals for Psychiatric Evaluations”. Journal of graduate medical education, 9(5), 667-667.
Postema, G. J. (2019). Bentham and the common law tradition. Oxford University Press.
