Common Law

Definition

Common law is a legal system that is primarily based on court decisions and precedents rather than written statutes. It evolves through the rulings of judges, which create binding legal principles that can be referenced in future cases, making it adaptable and responsive to societal changes. This system contrasts with civil law, which relies heavily on codified statutes and comprehensive legal codes.

5 Must Know Facts For Your Next Test

1. Common law originated in England and has been adopted in many countries influenced by British colonialism, including the United States, Canada, and Australia.
2. One key aspect of common law is the doctrine of 'stare decisis', which means that courts are bound to follow precedents established by previous rulings.
3. The flexibility of common law allows for the evolution of legal standards as society changes, making it a dynamic source of law.
4. In common law jurisdictions, judges play a crucial role in shaping the law through their interpretations and rulings in individual cases.
5. Common law can coexist with statutory law, where legislatures enact laws that may modify or clarify aspects of existing common law.

Review Questions

• How does the doctrine of 'stare decisis' influence the development of common law?
  • 'Stare decisis' ensures that courts follow established precedents when making decisions in similar cases. This principle provides consistency and predictability in the legal system, allowing individuals and businesses to understand their rights and obligations. As judges refer to previous rulings, they create a body of case law that evolves over time while maintaining stability within the legal framework.
• In what ways does common law differ from statutory law in terms of legal development and application?
  • Common law develops through judicial decisions and precedents set by court rulings, allowing it to adapt over time based on societal changes. In contrast, statutory law is created through legislative processes and consists of written statutes that govern specific areas of law. While statutory law can clarify or alter existing common law principles, the two systems can interact, with each influencing the other depending on the legal context.
• Evaluate the impact of judicial activism on the evolution of common law and its implications for future legal interpretations.
  • Judicial activism plays a significant role in shaping common law by encouraging judges to interpret laws broadly and consider contemporary social issues. This approach can lead to significant changes in legal interpretations that reflect current societal values and challenges. However, while it promotes adaptability in the legal system, it may also raise concerns about judicial overreach, highlighting the tension between established precedents and evolving public policy needs.

Related terms

Precedent: A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.

Statutory Law: Laws that are written and enacted by legislative bodies, distinct from common law which develops through judicial decisions.

Judicial Activism: A philosophy where judges interpret laws more broadly, often considering social issues and public policy in their rulings, influencing the evolution of common law.