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The Marshall Islands

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Legal System

 

The legal system of the Marshall Islands is based on adapted Trust Territory laws, acts of the legislature, and municipal, common, and customary laws. The greatest influence on the legal system in the Marshall Islands is U.S. common law.

 

Generally speaking common law, as opposed to civil or socialist law, is a type of legal system where legislation is continually evolving. Courts refine and create laws on a case-by-case basis. When resolving a legal dispute, in the ideal world, a common law court looks to precedents set by other courts. What this means is that when a court is resolving a dispute, it must look to see if a similar dispute was resolved in the past. If one has, then the present day court is obligated to following the same reasoning used in the prior case; this principle is called stare decisis. On the other hand, if the dispute is totally unique, the court may resolve the matter itself using general guidelines. This new decision then becomes the precedent to which all future cases are bound. Over the years, the precedents created by past decisions coalesce into a complicated set of rules that apply to a wide array of case; this collection of rules is known as “common law”. Of course, common law systems are much more complex in practice, nevertheless the principle of stare decisis as described above, is the foundation of all common law systems.



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Latest news

  • Employees honored at Kane prosecutor’s office - Kane County Chronicle

    Google News - The Marshall Islands, 17-February-2008


    Employees honored at Kane prosecutor’s office
    Kane County Chronicle, IL - 11 hours ago
    She came to the office after working as an aviation dispatcher in the Marshall Islands in the South Pacific. She also is a certified emergency medical ...

    [full story]
  • USCIS Issues New Fact Sheet for RMI and FSM Citizens - Yokwe

    Google News - The Marshall Islands, 17-February-2008


    USCIS Issues New Fact Sheet for RMI and FSM Citizens
    Yokwe, CA - 15 hours ago
    ... of Free Association Amendments Act of 2003, which affect citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. ...

    [full story]
  • USCIS Issues New Fact Sheet for RMI and FSM Citizens - Yokwe

    Google News - The Marshall Islands, 17-February-2008


    USCIS Issues New Fact Sheet for RMI and FSM Citizens
    Yokwe, CA - 15 hours ago
    ... Free Association Act of 1985 (Public Law 99-239) set forth a joint resolution between the United States and the Republic of the Marshall Islands and the ...

    [full story]

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