2.2 Common Law System

The concept: the English-law family — the case-law's primacy (the judicial precedent as the law's source); the systems: England-and-Wales + the commonwealth-and-US descendants. The origin- and-development: the Norman Conquest's aftermath (1066 — the royal courts' birth); the common law's formation (the writs' system — the remedies' forms shaping the substantive law); the equity's supplement (the Chancellor's conscience court — the common law's rigidity's correction; the fusion's 1873-75 Judicature Acts); the jury's-and-trial craft; the empire's export (the reception-and-adaptation in the colonies — the common law's world diaspora). The features (the exam's list): (i) the binding precedent (the stare decisis — the hierarchy's discipline); (ii) the case-law's source-primacy (the judge as the law-maker — the "judge-made law" idiom); (iii) the adversarial procedure (the parties' contest — the judge as the umpire); (iv) the jury's historical role; (v) the unwritten constitution's English idiom (the constitutional landmark's exception); (vi) the remedies-first craft (the "where there is a right there is a remedy" tradition); (vii) the trust-and-equity institutions. The sources: the legislation (the modern growth — the parliamentary supremacy); the case-law (the precedent's craft); the custom; the books-of- authority (the classic treatises' persuasive weight); the EU-law's historical overlay (the Brexit-era exit). The impact on the Nepalese legal system (the syllabus's special craft): the Anglo- Indian procedural inheritance (the procedural codes' common-law architecture — the adversarial…