COMMON LAW
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Law deriving from court decisions and ancient usages and customs, as opposed to statutory law, created by legislatures.
Summary
Common law is a legal system that develops through judicial decisions and established customs rather than through written statutes passed by legislatures. Think of it as 'judge-made law' that evolves over time through court rulings. When judges make decisions in cases, they create precedents that future courts follow, building a body of law through accumulated wisdom and experience. This contrasts with statutory law, where legislatures write specific rules. Common law originated in medieval England and forms the foundation of legal systems in many English-speaking countries.
Usage Context
Understanding common law is crucial when studying legal systems, constitutional law, contract law, tort law, and the relationship between judicial and legislative branches of government.
Common Confusions
- Thinking common law means 'common sense' law
- Believing judges can create any law without constraints
- Confusing common law with constitutional law
- Assuming all law comes from legislatures
- Mixing up common law legal systems with civil law systems
