Common law

Definition

Common law is a legal system that is based on judicial decisions and precedents rather than written statutes or regulations. It originated in England and has been adopted in many countries, including those that were once part of the British Empire. This system allows for laws to evolve over time through the rulings of judges, which helps create a more adaptable and context-sensitive legal framework.

5 Must Know Facts For Your Next Test

1. Common law developed in England after the Norman Conquest in 1066 and has influenced legal systems worldwide, especially in former colonies.
2. In common law jurisdictions, judges play a critical role in interpreting laws and their decisions can set binding precedents for future cases.
3. Unlike civil law systems, which are primarily based on codified statutes, common law evolves with each court ruling, making it more flexible.
4. The principle of 'stare decisis' underpins common law, meaning that courts are bound to follow precedents established by higher courts in their jurisdiction.
5. Common law encompasses various areas such as contract law, tort law, and property law, influencing the legal landscape across many nations.

Review Questions

• How does common law differ from statutory law in terms of legal development and application?
  • Common law differs from statutory law in that it is based on judicial decisions and precedents rather than written statutes. While statutory law is created through legislation and is fixed until amended, common law evolves as judges make rulings in individual cases. This allows common law to adapt more readily to changing social norms and circumstances as it is shaped by real-world applications and interpretations.
• Discuss the role of precedent in common law systems and its implications for judicial decision-making.
  • Precedent plays a crucial role in common law systems, guiding judges in their decision-making by ensuring consistency and stability in the law. When a case is decided, the ruling becomes a precedent that lower courts are required to follow unless there is a strong reason to deviate from it. This reliance on established precedents helps maintain a cohesive legal framework but can also lead to rigidity if outdated precedents are not revisited.
• Evaluate the impact of common law on the legal systems of former British colonies and how it has shaped their governance.
  • The impact of common law on the legal systems of former British colonies has been profound, shaping their governance structures and legal practices. As these nations adopted common law principles, they inherited a system that prioritized judicial interpretations and flexible legal frameworks. However, this has also led to challenges as these countries navigate the balance between traditional customs and modern legal principles, adapting common law to better suit their unique social contexts while maintaining ties to their colonial past.

Related terms

Precedent: A legal principle established in previous court cases that guides judges in making decisions in current cases.

Statutory Law: Laws that are written and enacted by legislative bodies, which exist alongside common law.

Judicial Review: The process by which courts examine the actions of legislative and executive branches to determine their constitutionality.