COMMON LAW Meaning and
Definition
-
Common law refers to the body of law, principles, and legal norms that have evolved over time through judicial decisions and precedents, as opposed to being enacted through legislation or statute. It is a legal system that is primarily based on customs, traditions, and judicial rulings rather than codified rules. Common law often applies to areas that are not specifically governed by statutes or regulations.
In common law, decisions made by judges in previous cases serve as a binding precedent for future cases with similar facts. These legal principles and precedents are then utilized by judges in determining the outcomes of current disputes, ensuring consistency and predictability in the legal system. Common law is characterized by the principle of stare decisis, meaning "to stand by things decided," which emphasizes the importance of following prior court decisions in similar cases.
Originating from English legal traditions, common law has been adopted by various countries, including the United States, Canada, Australia, and many others, each with their own unique adaptations and legal developments. Common law provides flexibility and allows for situational adaptability, as it allows judges to interpret and apply the law based on the specific circumstances of each case. However, common law systems also face the challenge of potentially conflicting interpretations and the possibility of outdated or unjust precedents.
Overall, common law is a legal system that relies heavily on the cumulative wisdom of judges and past court decisions, thereby providing a framework to resolve disputes and establish legal principles in the absence of specific legislation.
Etymology of COMMON LAW
The term "common law" has its origins in medieval England and evolved from the Old English phrase "common lagu" or "common law". "Common" means "belonging to all" or "shared by all", while "law" refers to a system of rules and regulations. Therefore, "common law" can be understood as the law that is shared by the general community or common to the entire realm. The term was used to distinguish this system of law from local or customary laws that were specific to certain regions or communities. Over time, "common law" came to refer to the legal system based on custom and judicial decisions developed by English courts, as opposed to statutes enacted by the legislature. This system has since spread to many countries that were once under British influence.
Idioms with the word COMMON LAW
-
common law
Common law refers to a body of legal principles and rules that are derived from judicial decisions and precedent, rather than from statutes or legislative enactments. It is based on custom, tradition, and the decisions of courts, as opposed to being codified in written laws.
Similar spelling words for COMMON LAW
- common elder,
- communal,
- common limpet,
- commonalty,
- commonweal,
- common eel,
- common louse,
- common lynx,
- common lilac,
- common,
- commonly,
- common alder,
- common eland,
- common mallow,
- communally,
- common land,
- common-law,
- commonwealth.
Infographic
Add the infographic to your website:
