42. common law

What is Common Law?

Common law is a legal system based on judicial decisions and precedent rather than written statutes or codes. It evolves through court rulings, where judges interpret laws and apply past decisions to new cases. This system is used in many countries, including the United States, the United Kingdom, Canada, and Australia.

Key Features of Common Law:

1. Precedent (Stare Decisis) – Courts follow previous rulings to ensure consistency and predictability in the law.

2. Judge-Made Law – Judges create legal principles through decisions rather than relying solely on legislative statutes.

3. Flexibility and Adaptability – Common law evolves with societal changes, allowing courts to reinterpret past decisions.

4. Adversarial System – Legal disputes are resolved through arguments presented by opposing parties, with a judge or jury deciding the outcome.

Examples of Common Law in Action:

• Contract Law: If a previous court ruled that a verbal agreement is legally binding under certain conditions, future courts may follow that precedent.

• Tort Law: Landmark cases, such as those defining negligence, establish guidelines for personal injury claims.

• Criminal Law: While statutes define crimes, common law interpretations help shape how they are enforced.

Difference Between Common Law and Civil Law:

• Common Law: Relies on judicial precedents; judges play an active role in shaping the law.

• Civil Law: Based on written codes and statutes; judges primarily interpret and apply the law rather than create it.

Common law provides stability while allowing the legal system to adapt over time.

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reference

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1. Cornell Law School – Legal Information Institute: Common Law

• URL: https://www.law.cornell.edu/wex/common_law

• Explanation: This page provides a concise definition of common law, explaining it as law derived from judicial decisions rather than statutes.

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2. Britannica – Common Law

• URL: https://www.britannica.com/topic/common-law

• Explanation: This article offers an in-depth look at the origins, development, and examples of common law, highlighting its evolution from medieval England to its current application in various legal systems.

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3. Investopedia – Common Law

• URL: https://www.investopedia.com/terms/c/common-law.asp

• Explanation: This resource explains common law as a body of unwritten laws based on legal precedents established by the courts, influencing decision-making in cases where outcomes cannot be determined by existing statutes.

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4. Merriam-Webster – Common Law

• URL: https://www.merriam-webster.com/dictionary/common-law

• Explanation: This dictionary entry defines common law as a group of legal practices and traditions originating in judges' decisions in earlier cases and in social customs, having the same force in most of the U.S. as if passed into law by a legislative body.

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5. Wikipedia – Common Law

• URL: https://en.wikipedia.org/wiki/Common_law

• Explanation: This Wikipedia article provides a comprehensive overview of common law, including its history, principles, and how it differs from civil law systems.

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