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Commonly Asked Questions about Sample Legal Cases

Imagine that you bring a case to court based upon injuries you sustained from a car accident. You are suing the driver who was intoxicated when the accident happened. The judge, in adherence to common law, must decide whether the party is liable for your damages from the accident.
The basic divisions in the U.S. legal system are the criminal, civil, and administrative.
You are probably familiar with the Miranda warning, in which officers recite a persons right to remain silent. The requirement that police must issue such a warning to a criminal suspect in custody before beginning an interrogation came from a the U.S. Supreme Courts decision in Miranda v. Arizona in 1956.
Steps to briefing a case Select a useful case brief format. Use the right caption when naming the brief. Identify the case facts. Outline the procedural history. State the issues in question. State the holding in your words. Describe the courts rationale for each holding. Explain the final disposition.
Common law examples include all cases in which the court makes decisions based on stare decisis, which means that judges look to legal precedents to decide cases. This can be seen often in countries whose legal systems are largely based on common law, such as the United States and Australia.
There are two kinds of court cases: civil and criminal.
Common law is law that is derived from judicial decisions instead of from statutes.
Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided ing to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.