precedes in accordance with judgment governs construing principle
Historically, the common law is made quite differently from the Continental code. The code （1）judgments; the common law follows them. The code articulates in chapters, sections, and paragraphs the rules （2）which judgments are given. The common law on the other hand is inarticulate until it is expressed in a（3）. Where the code governs, it is the judge’s duty to ascertain the law from the words which the code uses. Where the common law（4）, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom and later judges followed his decision. They did not do so by （5）the words of his judgment. They looked for the reason which had made him decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the（6） of the case, not the words, which went into the common law. So historically the common law is much less fettering than a code.
C. King’s Bench
（1） One or more persons — such as jurors in a trial or administrative-law judges in a hearing — who hear testimony and review evidence to rule on a factual issue.
（2） It is a business’s reputation, patronage, and other intangible assets that are considered when appraising the business, esp. for purchase.
（3） The court is the highest court of ordinary justice in criminal cases within the realm, and paramount to the authority of justices of gaol delivery, and commissions of oyer and terminer.
（4） They are the sum of money which a person wronged is entitled to receive from the wrongdoer as compensation for the wrong.
（5） An express or implied promise that something in furtherance of the contract is guaranteed by one of the contracting parties; esp., a seller’s promise that the thing being sold is as represented or promised.
（1） adversary system
（2） bench warrant
（3） chief justice
（4） contempt of court
（5） cross examination
（6） direct examination
（7） due process
（8） grand jury
（9） statute of limitations
（10） Circuit Clerk
（1） When a trademark has been infringed, the owner of the mark has a cause of action against the infringer.
（2） By the same 1166 statute, jurisdiction over the most important criminal cases, known as pleas of the Crown, was taken from the shire courts and given to the emerging royal courts.
（3） In a very few situations, juries do take part in sentencing decisions. For example, in capital punishment cases in some states, a judge cannot impose the death penalty in a jury trial unless the jury recommends death rather than life in prison.
（4） English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decisions on legal precedents--that is, on earlier court rulings in similar cases.
（5） In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations.