Common law is a legal tradition in which judicial decisions play a major role in shaping legal rules. This lesson introduces its defining features and the different meanings of the term.
Common law is law developed primarily through court decisions rather than being set out entirely in statutes. A judge deciding a case considers relevant earlier rulings and determines how their principles apply to the facts before the court. Statutes also form part of the law and may modify, replace, or codify common-law rules.
All flashcards
What is common law?
A body or tradition of law developed primarily through judicial decisions, while also interacting with statutes and other sources.
What is precedent?
A principle or ruling from an earlier case that a court may use to guide its decision in a later case.
What does stare decisis mean?
“To stand by things decided”: the practice of courts following relevant precedents.
How does statutory law differ from judge-made law?
Statutory law is enacted by a legislature; judge-made law develops through courts’ decisions and reasoning.
Name two meanings of “common law.”
It can mean judge-made law distinct from statutes, or a legal system that gives significant weight to judicial precedent. Historically, it also referred to law common to the king’s courts.
Quiz questions
Which factor generally gives a precedent greater authority for a lower court?Answer: It was issued by a higher court in the same legal system.
What describes a case of first impression?Answer: No controlling precedent or clear legislative direction addresses the issue.
How can a statute affect an existing common-law rule?Answer: It can codify, create, change, or displace a legal rule.
What is interstitial common law?Answer: Judicial work clarifying and applying authoritative legal texts to specific circumstances.
How can precedent support commercial activity?Answer: Greater predictability helps businesses plan transactions and allocate risks.
Based on the Wikipedia article Common law, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.