CandleFocus Glossary Editor
Common law is a system of legal rules that have been established by rulings of courts and judges, as opposed to laws written by a legislative body. It is not only one body of law, but a collection of laws which together build a legal system. Common law, also known as case law, is utilized as the basis of many court decisions, especially in the United States, Canada, and the United Kingdom.
Unlike statutory laws, common law is not written down, but instead is based on precedent and past court cases. When a case in court is decided, it creates a precedent; the ruling is something to be used as an example when similar cases come up in the future. This is why common law is often referred to as “case law.”
Common law is applied through a system known as stare decisis, which is Latin for “to stand by things decided.” This simply means that, if there is a ruling on a matter, any future cases that come to court dealing with the same matter, must stick to the original ruling. There are some exceptions, such as allowing new evidence, the result of new scientific research, or if there have been changes in the law; however in most cases, stand by the decisions made on prior cases.
Common law does not only set precedents for court decisions. It can also provide the basis for, or inspire, new legislation. Since many court cases are dealing with situations that are not already outlined in a statute, the courts can determine what is fair in those cases, and lay out a system of laws which can then be codified by a legislative body. Common law can provide a framework which legislatures can build laws around.
Common law forms an essential part of the legal system in many countries, giving precedent and guidance to both judges and lawmakers. In some countries, such as in much of continental Europe, civil law is the dominant legal system, in which statutes are the major source of law. However, many countries, such as the United States, Canada, the United Kingdom, and India, rely on the blend of statutes and the common law system. No matter the legal system, laws are still the result of an interpretation of the people, which means common law is always an important part of a functioning justice system.
Unlike statutory laws, common law is not written down, but instead is based on precedent and past court cases. When a case in court is decided, it creates a precedent; the ruling is something to be used as an example when similar cases come up in the future. This is why common law is often referred to as “case law.”
Common law is applied through a system known as stare decisis, which is Latin for “to stand by things decided.” This simply means that, if there is a ruling on a matter, any future cases that come to court dealing with the same matter, must stick to the original ruling. There are some exceptions, such as allowing new evidence, the result of new scientific research, or if there have been changes in the law; however in most cases, stand by the decisions made on prior cases.
Common law does not only set precedents for court decisions. It can also provide the basis for, or inspire, new legislation. Since many court cases are dealing with situations that are not already outlined in a statute, the courts can determine what is fair in those cases, and lay out a system of laws which can then be codified by a legislative body. Common law can provide a framework which legislatures can build laws around.
Common law forms an essential part of the legal system in many countries, giving precedent and guidance to both judges and lawmakers. In some countries, such as in much of continental Europe, civil law is the dominant legal system, in which statutes are the major source of law. However, many countries, such as the United States, Canada, the United Kingdom, and India, rely on the blend of statutes and the common law system. No matter the legal system, laws are still the result of an interpretation of the people, which means common law is always an important part of a functioning justice system.