Definition
Common law is a legal system founded on judicial precedents and decisions from historical court cases, rather than written laws enacted by the legislative body. This system evolves through interpretations and rulings of higher courts which become binding on lower courts, ensuring consistency and predictability in legal decisions.
Key Features of Common Law
- Precedents: Past judicial decisions hold significant influence. Courts rely on prior rulings when adjudicating new cases with similar facts.
- Judicial Decisions: Laws are developed and refined through court decisions rather than legislative processes.
- Flexibility: Allows the legal system to adapt and evolve over time as societal norms and issues change.
- Case-Law System: Continuous accumulation and refinement of legal rules through individual case outcomes.
Examples of Common Law
- Property Disputes: In many disputes between neighboring landowners over damages resulting from boundary encroachments, courts often refer to historical common law principles regarding property rights and responsibilities.
- Torts: Common law establishes many principles of torts, involving personal injury and property damage cases, such as negligence, nuisance, and defamation.
- Contracts: The principles of contract laws, such as offer, acceptance, and consideration, are deeply rooted in common law traditions.
Frequently Asked Questions
What is the difference between common law and statutory law?
Common law is based on judicial precedents and past court rulings, whereas statutory law is created by legislative bodies through formal statutes and legislations.
How does common law evolve?
Common law evolves through the accumulation of court decisions over time. As new rulings are made, they serve as precedents for future cases, allowing the law to adapt to new circumstances.
Can common law be overridden?
Yes, common law can be overridden by statutory law if a legislative body enacts new legislation that conflicts with existing common law principles.
Is common law the same in every country?
No, while common law originated in England and has influenced many other countries’ legal systems, each country’s common law is shaped by its individual judicial decisions, legal culture, and historical circumstances.
Related Terms
- Precedent: A principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues.
- Statutory Law: Laws enacted by a legislative body, such as Congress or Parliament, as opposed to laws created through judicial decisions.
- Tort Law: A branch of law that addresses civil wrongs, providing remedies to individuals harmed by the actions or inactions of others.
Online Resources
References
- “Common Law” on Britannica. Accessed 2023. https://www.britannica.com/topic/common-law
- “Black’s Law Dictionary” by Bryan A. Garner
- “Introduction to the English Legal System” by Martin Partington
Suggested Books for Further Studies
- “The Nature of the Common Law” by Melvin Aron Eisenberg
- “Understanding Common Law” by Michael W. Spicer
- “Law and Society in England 1750-1950” by William Cornish
Real Estate Basics: Common Law Fundamentals Quiz
### What is common law primarily based on?
- [ ] Legislative enactments
- [x] Judicial decisions and precedents
- [ ] Executive orders
- [ ] Administrative regulations
> **Explanation:** Common law is primarily based on judicial decisions and precedents rather than legislative enactments or statutes.
### How can common law be overridden?
- [x] By statutory law
- [ ] By executive orders
- [ ] By municipal regulations
- [ ] By public opinion
> **Explanation:** Common law can be overridden by statutory law, which is created through formal legislation by legislative bodies.
### In which country did common law originate?
- [ ] France
- [ ] Germany
- [x] England
- [ ] United States
> **Explanation:** Common law originated in England and has heavily influenced the legal systems of many other countries.
### Common law systems rely heavily on which of the following?
- [ ] Regularly updated statutes
- [x] Judicial precedents
- [ ] Government directives
- [ ] Commercial statutes
> **Explanation:** Common law systems heavily rely on judicial precedents, which guide courts in making future rulings on similar matters.
### What is an essential feature of common law that aids in its evolution over time?
- [ ] Rigid adherence to old cases
- [ ] Regular amendments by the legislature
- [x] Flexibility to adapt through new judicial rulings
- [ ] Frequent policy alterations by executive bodies
> **Explanation:** An essential feature of common law is its flexibility to adapt and evolve through new judicial rulings, allowing it to respond to changing societal norms.
### Torts like negligence are rooted in which legal system?
- [ ] Civil law
- [x] Common law
- [ ] Constitutional law
- [ ] Statutory law
> **Explanation:** Torts like negligence are primarily rooted in common law, where principles have developed through judicial decisions over time.
### Which of the following best describes a precedent?
- [ ] A guideline issued by the executive
- [ ] A legislative statute
- [x] A judicial decision that influences future cases
- [ ] A constitutional amendment
> **Explanation:** A precedent is a judicial decision that serves as a guideline or rule for deciding future cases with similar issues.
### In common law systems, who interprets and applies the laws?
- [ ] Administrative bodies
- [ ] The legislative assembly
- [x] The judiciary
- [ ] The executive branch
> **Explanation:** In common law systems, the judiciary interprets and applies the laws based on judicial precedents and past decisions.
### Common law provides consistency and predictability how?
- [ ] By changing laws frequently
- [ ] Through varying interpretations by judges
- [x] Through established precedents and case law
- [ ] By legislative updates and amendments
> **Explanation:** Common law provides consistency and predictability through established precedents and case law, ensuring similar cases are treated similarly.
### Which statement about common law is true?
- [x] It evolves through judicial decisions.
- [ ] It changes rapidly due to new legislation.
- [ ] It only applies in the criminal law context.
- [ ] It is a type of statutory law.
> **Explanation:** Common law evolves through judicial decisions and does not solely apply to criminal law but spans various legal areas, including property and contract law.
