US Common Law

Definition

US Common Law is a legal system that is based on judicial decisions and precedents rather than written statutes or regulations. This system emphasizes the role of court decisions in shaping the law, with judges interpreting and applying past rulings to present cases. Over time, it has developed through various sources including state laws, court rulings, and constitutional principles.

5 Must Know Facts For Your Next Test

1. US Common Law originated from English Common Law and has evolved uniquely within the United States, incorporating federal and state variations.
2. The doctrine of stare decisis, meaning 'to stand by things decided,' is fundamental in US Common Law, requiring courts to follow established precedents.
3. Common law can be found at both the federal and state levels, but most often applies to state laws where local court decisions create binding precedents.
4. Judges play a significant role in shaping common law through their interpretations and rulings, which can lead to changes in legal standards over time.
5. While US Common Law is primarily based on case law, statutory law can override common law principles when legislatures choose to enact specific laws.

Review Questions

• How does the principle of stare decisis influence the development of US Common Law?
  • The principle of stare decisis greatly influences US Common Law by establishing that courts must follow precedents set by previous rulings. This ensures consistency and stability in the legal system, as similar cases are treated similarly over time. It also allows the law to evolve gradually as new decisions are made, reflecting changes in societal values and norms while still respecting established judicial interpretations.
• In what ways do statutory laws interact with US Common Law, and what implications does this have for legal interpretation?
  • Statutory laws interact with US Common Law by providing written laws enacted by legislatures that can either complement or override common law principles. When a statute is enacted, it may clarify legal standards that were previously governed solely by common law. This interaction can create complexities in legal interpretation since courts must balance applying statutory provisions with existing common law precedents, leading to potential conflicts and adaptations in legal reasoning.
• Evaluate the impact of judicial review on the evolution of US Common Law and its significance in maintaining constitutional integrity.
  • Judicial review significantly impacts the evolution of US Common Law by allowing courts to assess whether laws align with constitutional principles. This power enables judges to strike down statutes or executive actions that are deemed unconstitutional, thus reinforcing the supremacy of the Constitution. The ability to review laws ensures that common law adapts over time, maintaining constitutional integrity and addressing emerging social issues while providing a check on legislative power.

Related terms

Precedent:

A legal decision or form of case law that serves as an example or authority for future cases.

Statutory Law: Laws that are enacted by a legislative body, which can complement or override common law.

Judicial Review:

The power of courts to assess whether a law is in accordance with the constitution, often influencing the development of common law.