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Common law systems

Definition

A legal system based on precedent and customs, where the law is developed by judges through decisions of courts and similar tribunals.

Analogy

Think of common law as a game of telephone. One person (or in this case, a court decision) starts with a message (a ruling), and then each subsequent person (court decision) adds to or modifies that message based on their interpretation. Over time, these changes accumulate into an established body of rules.

Related terms

Precedent: A principle or rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues or facts.

Stare decisis: The legal principle of determining points in litigation according to precedent.

Case Law: The law as established by the outcome of former cases.

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AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.