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Definition of Common Law - Term Paper Example The name "common law" is also used to refer to the conventional and long established, precedent-based element in the law of any common-law jurisdiction, as disparate to its statutory law or legislation. As well it the term common law is also used to signify that part of the legal system that did not develop out of equity, maritime law, or other special branches of practice. (Eldon) In addition to England, common law is practiced in all of Canada except Quebec and all of the United States except Louisiana. All of these areas follow common law and U.S. state statutes usually provide that the common law, equity, and statutes in effect in England in 1603, the first year of the reign of James I, shall be deemed part of the law of the jurisdiction. (Homes) Decisions of the English courts that were made later only have persuasive authority. There are particular characteristics and features of common law that distinguish it from other types of law. The one feature that distinguishes common law is the fact that it represents the law of the courts as expressed in judicial decisions. "The grounds for deciding cases are found in precedents provided by past decisions, as contrasted to the civil law system, which is based on statutes and prescribed texts." (Holmes) In addition, the system of judicial precedents, other characteristics of common law include trial by jury and the doctrine of the supremacy of the law. In the beginning, the supremacy of the law meant that not even the king was above the law; however today it can be translated as meaning that acts of governmental agencies are subject to scrutiny in ordinary legal proceedings. Judicial precedents gain their force from the doctrine of stare decisis [Lat., =stand by the decided matter], i.e., that the previous decisions of the highest court in the jurisdiction are binding on all other courts in the jurisdiction. (Holmes) However, in the when conditions change they make most decisions inapplicable except as a basis for an analogy, and a court must consequently frequently look to the judicial experience of the rest of the English-speaking world. "This gives the system flexibility, while general acceptance of certain authoritative materials provides a degree of stability." (Eldon) On the other hand in many occurrences, the courts have failed to keep speed with social developments. As a result of this, it has become necessary to enact statutes to bring about needed changes. Without a doubt in recent years statutes have superseded a great deal of common law. This is especially true in the fields of commercial, administrative, and criminal law. Characteristically, however, in statutory interpretation, the courts have recourse to the doctrines of common law. (Eldon) In consequence increased legislation has limited but has not ended judicial supremacy. Â
Webster's Dictionary defines leadership as the position or guidance of a person or thing that leads, directing, commanding, or guiding head, as of a group or activity. However Leadership has not one single definition, but many. Leadership is often an intangible factor that makes one group more effective than another. It exists at different levels within organizations and should be woven throughout the entire organization. Different organizations use different ways in effectively teaching or molding their employees how to be an effective leader. One such company is the R.E. Brown Company and Associates, who have developed a yearlong program that is strictly used as a program to teach their employees how to become a more effective leader. They use what they believe as the Nine Behaviors of leaders. This program doesn't directly start off with the introduction of the nine behaviors, but of little tasks given to the participants. They are broken into small groups where they interact with each other, summarize common threads, and then present their findings to the larger group. Then once this has taken place they develop specific action plans to take back to their groups and from there on they work coherently together as a team. This develops a bond, and creates a model of team leadership, sharing, and reflection. Once this has happened then the teams are introduced to the nine behaviors of leadership where they discuss each one and try to use the information that they have gathered to take back to their own jobs were they can become even more successful then they have ever been before. The Nine Behaviors that develop exception leaders are: 1.Â Â Â Â Â Motivating others through adaptive leadership, who knows when to direct, coach, facilitate, or delegate, depending on the task and person. 2.Â Â Â Â Â Empowering others, which is a sort of delegation that will help you as a leader to control the situation with the help of others. 3.Â Â Â Â Â Encouraging teamwork, which is balancing results, process, and relationships. 4.Â Â Â Â Â Preparing people for change allowing you to understand their psychological responses and helping them to create a positive change with force-field analysis. 5.Â Â Â Â Â Vision/Mission, which establishes guidelines for accomplishing a specific goal. 6.Â Â Â Â Â Using multiple options by allowing you to see different strategic possibilities and being open to more day-to-day options. 7.Â Â Â Â Â Taking intelligent risks, relating decision-making to risks and getting consensus. 8.Â Â Â Â Â Stretching personal creativity that renews personal resources. 9.Â Â Â Â Â Showing passion for work by demonstrating presence, inspiration, and energy. Â Â Â Â Â Each company has their own way of developing programs that center on ones ability to become an effective leader; this was just one aspect that I was able to find.