Common law

Definition

Common law is a body of unwritten laws based on legal precedents established by the courts. It evolves through judicial decisions and is characterized by the principle that similar cases should be decided in a consistent manner, allowing for flexibility and adaptability in the legal system.

5 Must Know Facts For Your Next Test

1. Common law originated in England and has been adopted by many countries, including the United States, as a foundational legal system.
2. Judicial decisions in common law can adapt over time, allowing laws to evolve based on changing societal values and circumstances.
3. Common law relies heavily on the principle of precedent, meaning that courts must look to past decisions to guide their rulings in current cases.
4. Unlike civil law systems, which are codified, common law is more flexible as it allows judges to interpret laws based on their context and the specifics of each case.
5. The development of common law has led to a rich body of case law that can sometimes make it complex and difficult to navigate for individuals unfamiliar with legal principles.

Review Questions

• How does the principle of precedent function within the common law system, and why is it important?
  • The principle of precedent functions as a guiding framework within the common law system where previous court decisions influence future rulings. It is important because it ensures consistency in the application of the law, allowing similar cases to be treated alike. This predictability is crucial for maintaining public confidence in the legal system, as individuals can have reasonable expectations about how laws will be interpreted and enforced.
• Compare and contrast common law with civil law systems in terms of their approach to legal decision-making.
  • Common law systems rely primarily on judicial decisions and precedents established by prior cases, allowing for flexibility in interpretation and application. In contrast, civil law systems are based on comprehensive codes and statutes that provide a clear framework for legal decision-making. While common law evolves through case-by-case analysis, civil law emphasizes written laws, making it more rigid but also more predictable in terms of outcomes.
• Evaluate the impact of common law's adaptability on contemporary legal practices and societal norms.
  • The adaptability of common law significantly influences contemporary legal practices by allowing judges to interpret laws in light of changing societal norms and values. This responsiveness means that legal systems can evolve without requiring new legislation for every change in societal expectations. As such, common law can better reflect modern realities, addressing issues like technology, human rights, and social justice more effectively than more static legal systems might allow.

Related terms

precedent:

A legal case that establishes a principle or rule that can be followed in future cases, forming the basis of common law.

stare decisis: The legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case, ensuring consistency and stability in the law.

civil law:

A legal system characterized by comprehensive statutes and codes as primary sources of law, contrasting with common law's reliance on case law and judicial decisions.