Common-law in the context of "Doctrinal"

⭐ In the context of doctrinal law, common-law traditions consider a 'doctrine' to be primarily what?

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⭐ Core Definition: Common-law

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case.

Common law is deeply rooted in the principle of stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.

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👉 Common-law in the context of Doctrinal

Doctrine (from Latin: doctrina, meaning 'teaching, instruction') is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system. The etymological Greek analogue is 'catechism'.

Often the word doctrine specifically suggests a body of religious principles as promulgated by a church. Doctrine may also refer to a principle of law, in the common-law traditions, established through a history of past decisions.

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Common-law in the context of Coercion

Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime.

Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options available to the coerced party.

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Common-law in the context of Duress (contract law)

Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime.

Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. Although the concepts of coercion and persuasion are similar, various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options available to the coerced party.

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LINKED FROM (PARENTS)
← Doctrinal ← Coercion ← Doctrine ← Duress (contract law) ← Coerce ← Duress ← Economic coercion ← Doctrines ← Doctrinary ← LGBTQ rights in Vermont
LINKS TO (CHILDREN)
Law → Statute → Precedent → Case of first impression →