What is the relationship between the common law and jurisprudence law?
In Indiana, the relationship between common law and jurisprudence law is that jurisprudence law refers to a set of rules and principles used by the courts when deciding cases. Common law, meanwhile, is a system of law based on tradition, customs, and court decisions, rather than statute. In Indiana, common law is also known as case law. It is based on precedent or previous court decisions. In other words, the courts must look to prior cases when deciding similar facts. In doing so, common law ensures that similar cases are treated the same or at least similarly. In contrast, jurisprudence law is a set of rules written by the legislature. It is not based on prior court decisions or existing customs. In Indiana, common law and jurisprudence law are distinct but related. When a case comes before the court that involves both common law and jurisprudence law, the court must decide which law to apply. Generally, common law will be applied unless the jurisprudence law specifically states otherwise. This is because courts in Indiana give deference to common law when it differs from jurisprudence law. In summary, the relationship between common law and jurisprudence law in Indiana is that each is a distinct set of rules, but courts must decide which law to apply to a particular case. Common law is typically applied unless the jurisprudence law specifically states otherwise.
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