What Is Common Law?
Common law is a system of law that is based on the principle that law should be made and applied as openly and as fairly as possible. It is a system of law that is developed over time by judges, who make decisions in individual cases, and by legal scholars, who analyse and comment on those decisions. Whether you have a bachelors degree in law or your live in a country where common law is the law of the land, it’s important to understand common law and its applications.
The Origins of Common Law
A common law attorney practicing today comes from a tradition that’s been formed over a long time. The origins of common law are traced back to the ancient Greeks and Romans. But, the system we know today originated in England during the Middle Ages. In this period, the judges of England began to develop a system of law that was based on the principle that law should be made and applied as openly and as fairly as possible. This system developed over time, and was eventually codified in the 12th century.
This system, which became known as common law, gradually spread to other parts of the world, including the United States, Canada, Australia and New Zealand. Common law refers to the legal system that is based on custom and precedent, as opposed to statutory law, which is based on legislation. Common law is also known as case law, as it is based on the decisions of judges in previous cases.
Defining Common Law
Common law is based on the principle of stare decisis, which means that judges should be bound by the decisions that have been made by their predecessors in previous cases. This principle is based on the idea that judges should be able to rely on the decisions of other judges in order to make their own decisions, and that the law should be developed gradually, through the decisions of judges in individual cases.
Common law is also based on the principle of precedent, which means that a judge’s decision in a particular case should be binding on other judges in later cases. This principle is based on the idea that a judge’s decision in a particular case should be considered to be the law on that issue, and that the law should be developed gradually, through the decisions of judges in individual cases. Common law is sometimes known as precedent law.
Common law is also based on the principle of equity, which means that a judge should be able to depart from the strict application of the law in order to do justice in a particular case. This principle is based on the idea that the law should be applied fairly, and that a judge should be able to depart from the law in order to do justice in a particular case.
The common law system is not written down in one document. It is made up of a number of different sources, including case law, legislation, and legal principles.
Sources of Common Law
The common law system is found in many countries around the world, including the United States. It is based on the English legal system, which was brought to the United States by the English colonists.
There are several sources of common law. The most important are case law and statute law. Case law is made up of the decisions of judges in individual cases. These decisions are binding on other judges in the same jurisdiction (i.e., the same country or state). Statute law is made up of laws enacted by legislatures. These laws are binding on everyone in the jurisdiction. There are also a number of other sources of common law, including the law of equity and the law of trusts.
