Common law

Common law is a system of law that is based on past judicial decisions rather than on statutes passed by legislatures. This means that common law courts look to past precedential decisions of relevant courts when the parties disagree on what the law is.doing so, the common law court synthesizes the principles of those past cases as applicable to the current facts. The court is usually bound to follow the reasoning used in the prior decision if a similar dispute has been resolved in the past (a principle known as stare decisis). However, if the court finds that the current dispute is fundamentally distinct from all previous cases, or if legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. In other words, one party or the other has to win, and on disagreements of law, the judges make that decision.

Court Decision

The court's opinion not only announces the decision, but also provides the rationale behind it. This, along with similar past decisions, forms a precedent to which future judges and litigants must adhere. Common law - the body of law made by judges - therefore has equal footing with statutes (laws passed by legislatures) and regulations (promulgated by the executive branch). The interplay among these various sources of law will be explained later in this article. Stare decision, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. The common law is a legal system that was developed in England after the Norman Conquest in 1066. The term "common law" refers to the fact that this system was common to all of the king's courts across England. The British Empire spread the English legal system to its historical colonies, many of which still use the common law system today. Common law systems are based on the English legal system and give great weight to common law precedent. These systems are used in many countries around the world, and they often produce similar results to the English legal system.

Common law as statutory law

Black's Law Dictionary gives the following definition of "common law": "The body of law derived from judicial decisions, rather than from statutes or constitutions." This usage is given as the first definition in modern legal dictionaries and is characterized as the "most common" usage among legal professionals. It is also the usage frequently seen in decisions of courts. In this connotation, "common law" distinguishes the authority that promulgated a law.There are two types of statutory law: one is enacted by a legislature, and the other is common law or "case law" decided by courts. The first type of statutory law can be further divided into two subcategories.

Pure common law

The law is constantly evolving, especially in the absence of an underlying statute or regulation. For example, many criminal and procedural laws have been redefined in the last century. Even today, contract law and the law of torts are still being refined.

Interstitial common law

Court decisions that analyse, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies play an important role in our legal system. This body of common law, sometimes called "interstitial", includes judicial interpretation of the Constitution, of legislative statutes, and of agency regulations, and the application of law to specific facts. judicial decisions that analyse, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies play an important role in our legal system. This body of common law, sometimes called "interstitial", includes judicial interpretation of the Constitution, of legislative statutes, and of agency regulations. The application of this law to specific facts can help us to better understand the implications of these laws in our everyday lives.

Common law

Court Decision

Common Law Jurisdictions

Common law as statutory law

Pure common law

Interstitial common law

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