Common law

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Common law

Common law (pronunciation: /ˈkɒmən lɔː/) is a body of unwritten laws based on legal precedents established by the courts. It is a legal system that is largely formed by the decisions previously made by courts and similar tribunals.

Etymology

The term "common law" originates from the medieval England, where it was called the "common law" to distinguish the law that was common to the entire kingdom from other laws, like ecclesiastical laws and custom laws.

Definition

Common law is a system of law that is based on precedent or judicial decisions, rather than laws made by the legislative branch or passed by Congress. It is a system that prioritizes the doctrines of stare decisis, which mandates courts to follow historical cases when making a ruling on a similar case.

Characteristics

Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes. This is a central principle of stare decisis. Courts in common law systems have had the authority for centuries to make significant decisions, and to publish those decisions for future courts to follow, which is known as precedent.

Related Terms

  • Stare decisis: A legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.
  • Precedent: A principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
  • Case law: The law as established by the outcome of former cases.
  • Statute: A written law passed by a legislative body.

See Also

External links

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