Common Law

Definition

Common law is a legal system that is primarily developed through judicial decisions rather than through legislative statutes. It is based on precedent, where courts make rulings on cases and those rulings then become the basis for how future similar cases are decided. Common law is a foundational element of the legal systems in many countries, including the United States, the United Kingdom, and other former British colonies.

5 Must Know Facts For Your Next Test

1. Common law is primarily developed through the rulings and interpretations of judges, rather than through legislative action.
2. The doctrine of stare decisis, which requires courts to follow the precedents set by previous judicial decisions, is a core principle of common law.
3. Common law systems are often contrasted with civil law systems, which are based more heavily on codified statutes and legislative enactments.
4. In the United States, common law plays a significant role in the development of legal principles, particularly in areas such as contracts, torts, and property law.
5. The sources of common law include judicial opinions, treatises, and other legal writings, which provide guidance and authority for how the law should be interpreted and applied.

Review Questions

• Explain how the concept of precedent is central to the common law system.
  • In the common law system, the doctrine of precedent, or stare decisis, is a fundamental principle. This means that courts are generally bound to follow the legal principles and reasoning established in previous judicial decisions, unless there is a compelling reason to deviate from them. This allows for the development of a coherent and consistent body of law, as new cases are decided based on the principles established in earlier, similar cases. The reliance on precedent provides predictability and stability in the legal system, as litigants can anticipate how their cases will be decided based on how courts have ruled in the past.
• Describe the relationship between common law and statutory law in the United States.
  • In the United States, common law and statutory law work together to form the legal framework. While statutory law, enacted by legislative bodies, provides the primary source of law in many areas, common law plays a crucial role in interpreting and applying those statutes. When statutes are ambiguous or do not address a specific issue, courts will look to common law principles and precedents to fill in the gaps and provide guidance on how the law should be applied. Conversely, the legislature may enact statutes to override or modify common law rules that are deemed outdated or undesirable. This interplay between common law and statutory law allows the legal system to evolve and adapt to changing social and economic conditions.
• Analyze the role of common law in the development of international law, particularly in the context of customary international law.
  • Common law principles have had a significant influence on the development of international law, particularly in the realm of customary international law. Customary international law is derived from the consistent practice of states, coupled with a belief that such practices are legally required or permitted. This process of identifying and codifying customary international law bears a strong resemblance to the common law method of deriving legal principles from the accumulation of judicial decisions. Just as common law courts look to past precedents to guide their rulings, international tribunals and institutions often look to the consistent practices and opinio juris (beliefs about the law) of states to determine the content of customary international law. This common law-inspired approach to international law has helped to provide stability, predictability, and a sense of legitimacy to the evolving body of international legal norms and principles.

Related terms

Precedent:

A previous legal case or ruling that serves as an example or authority for deciding subsequent similar cases.

Stare Decisis:

The legal principle that courts should follow the precedents established in prior judicial decisions, unless there is a compelling reason to deviate from them.

Case Law: The body of law derived from judicial decisions in cases, rather than from statutes or constitutions.