common law

     

Common law refers to law an the corresponding legal system developed through decisions of courts and similar tribunals, rather than through legislative statutes or executive action. In common law legal systems, law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, common law judges have the authority and duty to make law by creating precedent. The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis.

Trivia about common law

  • Matrimony by agreement of both parties, without a civil or religious ceremony
  • This system not based on a code, but on previous decisions and customs, evolved in England
  • Law that derives authority from custom & usage, especially the ancient unwritten law of England

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