Common law, also known as case law or judge-made law, is a legal system that relies on judicial decisions and precedent rather than legislative statutes or codified law. It is prevalent in countries with an English legal heritage, including the United States, the United Kingdom, Canada, Australia, and many other Commonwealth countries.
The basis of common law is the principle of stare decisis, which means “to stand by things decided.” Under this principle, judges are bound to follow the decisions made by higher courts in similar cases or cases with similar legal issues. These past decisions become legal precedents that guide future cases with similar facts, ensuring consistency and predictability in the application of the law.
In a common law system, the judiciary plays a crucial role in shaping the law. When a case is brought before a court and there is no specific statute or legal code that directly addresses the issue, the judge will look to past decisions, known as precedents or case law, to determine how similar cases were decided. The judge will then apply these precedents to the current case to reach a decision.
While common law is an essential part of the legal system in many countries, it is not the only source of law. In common law systems, there are still statutes and regulations created by the legislature that can have precedence over common law. However, when a statutory law is unclear or silent on a particular matter, the court will often turn to common law principles and precedents to interpret and apply the law to the specific case.
It’s important to note that the application of common law can vary somewhat from one jurisdiction to another, as each country or state might have its own legal traditions and precedents that influence how judges interpret and apply the law.
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