Common Law

Detailed Definition

Common Law refers to a legal system that is primarily based on the principle of judicial precedent, meaning that the decisions made by higher courts set a standard that lower courts follow, ensuring consistency and stability in the application of the law. This system is founded on case law, as opposed to statutory law, which is created through legislative processes. Originating in England, common law has been adopted and adapted in various jurisdictions, including the United States.

Characteristics

Judicial Precedent: Court decisions in previous cases provide a framework for future cases with similar facts or issues.
Dynamic Nature: Adaptable and able to evolve over time as new interpretations of legal principles emerge from court rulings.
Contrast to Civil Law: Unlike civil law systems, which rely heavily on written codes and statutes, common law emphasizes the importance of court decisions.

History

Origin: Developed in England after the Norman Conquest in 1066.
Evolution: Spread to English colonies and has been a foundational legal structure in jurisdictions such as the United States, Canada, and Australia.

Examples

Contract Law: In common law, many principles related to contract formulation and enforcement are based on judicial decisions.
Tort Law: Precedents in tort law, such as negligence and liability cases, serve as guidelines for legal standards and compensations.
Property Law: Common law traditions influence determinations of property rights and inheritance.

Frequently Asked Questions

What is the main difference between common law and civil law?

Answer: The key difference lies in their sources of law: common law is based on judicial precedent and case law, while civil law is based on codified statutes and written legal codes.

How does common law evolve?

Answer: Common law evolves through decisions made in higher courts, which lower courts must follow. When a new case with unique facts is decided, it can become a precedent, thereby refining existing legal principles.

Is common law still relevant today?

Answer: Yes, common law remains highly relevant, influencing many areas of law and providing a flexible legal framework adaptable to new issues and societal changes.

What is “stare decisis”?

Answer: “Stare decisis” is a principle within common law where courts are obligated to follow previous rulings or precedents when making decisions on new cases with similar issues.

Can common law be overridden by statute?

Answer: Yes, legislatures can pass statutes that override or modify common law principles.

Civil Law: A legal system that relies heavily on written statutes and codes, contrasted with the common law system.
Stare Decisis: The doctrine that courts should follow precedents established in previous rulings.
Precedent: A judicial decision that serves as a rule for future cases of a similar nature.
Case Law: Law established based on judicial decisions and precedents.
Statute: A written law passed by a legislative body.

Online References

Suggested Books for Further Studies

Understanding Common Law by Geoffrey Rivlin
The Nature of Common Law by Melvin A. Eisenberg
Common Law and Modern Society by Mary Arden
English Common Law in the Age of Mansfield by James Oldham

Fundamentals of Common Law: Business Law Basics Quiz

### Which country is the origin of common law? - [x] England - [ ] France - [ ] Germany - [ ] Japan > **Explanation:** Common law originated in England and was subsequently adopted in various jurisdictions including the United States. ### What is the primary source of law in a common law system? - [ ] Statutes - [x] Judicial Precedent - [ ] Administrative Regulations - [ ] Constitutional Amendments > **Explanation:** In common law systems, judicial precedent is the primary source of law, where past court decisions set a standard for future cases. ### What doctrine obligates courts to follow previous judicial decisions? - [x] Stare Decisis - [ ] Res Ipsa Loquitur - [ ] Habeas Corpus - [ ] Ex Parte > **Explanation:** Stare Decisis is the legal principle that mandates courts to follow precedents set by previous rulings. ### How can common law be changed or overridden? - [x] By enacting statutes - [ ] Through judicial opinions alone - [ ] By executive orders - [ ] Through public petitions > **Explanation:** Legislatures can pass statutes that change or override common law principles established by judicial precedent. ### What type of legal system contrasts with common law by relying heavily on written codes? - [ ] Common Law - [x] Civil Law - [ ] Canon Law - [ ] Customary Law > **Explanation:** Civil law systems, which are prevalent in countries like France and Germany, rely more on written statutes and legal codes compared to common law. ### What areas of law are heavily influenced by judicial decisions in common law? - [x] Contract, Tort, and Property Law - [ ] Maritime, Admiralty, and Immigration Law - [ ] Family, Education, and Environmental Law - [ ] Patent, Trademark, and Copyright Law > **Explanation:** Contract, tort, and property law are heavily influenced by judicial precedents in common law system. ### What determines if a court's decision will set a precedent? - [ ] The decision's length - [ ] The judge’s preference - [x] The level of the court issuing the decision - [ ] The number of cases pending in the court > **Explanation:** Typically, decisions made by higher courts set precedents that lower courts must follow, ensuring consistent legal standards. ### Can common law principles be found in the United States legal system? - [x] Yes, they extensively form part of U.S. jurisprudence. - [ ] No, the U.S. only follows civil law principles. - [ ] Rarely, and only in historical contexts. - [ ] Only in criminal cases. > **Explanation:** Common law principles are integral to the U.S. legal system, influencing various areas of law. ### Which principle allows common law to be flexible and adapt over time? - [x] Judicial Precedent - [ ] Codification - [ ] Regulatory Rulemaking - [ ] Legislative Oversight > **Explanation:** Judicial precedent allows common law to evolve over time as new court decisions refine existing legal principles. ### In common law, what term describes a judicial decision that serves as a rule for future similar cases? - [x] Precedent - [ ] Edict - [ ] Ordinance - [ ] Statute > **Explanation:** A judicial decision that serves as a guide for future cases with similar circumstances is known as a precedent in common law.

Thank you for exploring the fundamental aspects of common law with us. We hope this comprehensive content and quiz provide a solid foundation for your legal knowledge journey!