Home Civil Law Common Law Overview

Common Law Overview

Common Law Overview

Introduction

Common law is a system of law that has evolved over time through judicial decisions. It is the legal system used in England and many former British colonies, including the United States, Canada, and Australia. In this article, we will provide an overview of common law, including its history, principles, and current use.

History of Common Law

Common law originated in medieval England as a way to standardize laws across the country. Prior to the establishment of common law, different regions had their own laws and customs, leading to confusion and lack of consistency.

Over time, judges began to establish a body of law that was based on previous decisions, rather than solely on written statutes. This system became known as “common law,” as it was a law that was common throughout the land.

Common Law Principles

There are several key principles that underpin common law. These include:

Precedent: Common law is based on the principle that previous judicial decisions should guide future decisions. This means that judges are bound by the decisions of higher courts and must follow those decisions when deciding similar cases.

Stare decisis: This is the Latin term for “let the decision stand.” It is a principle that requires judges to adhere to decisions made in similar cases in the past, even if they disagree with those decisions.

Custom: Common law is also based on customs and traditions that have evolved over time. For example, the notion of jury trials in criminal cases is a custom that has been part of common law for centuries.

Current Use of Common Law

Common law continues to be an important part of the legal system in many countries, including the United States. In the U.S., many states use common law for certain types of cases, such as tort cases (cases involving personal injury or damages) or contract disputes.

Common law is also used in the U.S. federal court system, although federal law is often based on statutes rather than common law. In addition, common law principles are often used in interpreting and applying statutes.

Conclusion

Common law is an important part of the legal system in many countries, including the United States. It has a rich history and is based on principles of precedent, stare decisis, and custom. While it is not the only type of law used in the U.S., it continues to play an important role in shaping our legal system and ensuring that justice is served in a consistent and fair manner.


What is Common Law?

Common Law is defined as type of legal methodology undertaken by a specific jurisdiction; the adoption of statutory legal structure mandated by the precepts expressed within Common Law are considered to differ from those jurisdictions undertaking a legal methodology rooted in Civil Law. Common Law is considered to stem from Roman Law, which a multitude of historians credit as providing the earliest incarnations of legal statues and stipulations; not only were a variety of Roman Laws absorbed by the tenets of Common Law, but many facets of Roman Law are considered to be both legally – and structurally – sound despite its development dating back to 439 BCE.

Common Law Judicial Review

Judicial review undertaken by Common Law justices, as well as Common Law Court systems are considered to be heavily reliant on past judicial decision and sentencing in lieu of stipulations and legal tenets expressed in the textual incarnation of the law; this protocol of judicial review that is undertaken by Common Law legal system is a primary differentiation between jurisdictions employing Common Law and those employing Civil Law:

Civil Law enacts its judicial review in accordance to statutory precepts and tenets expressed within written and textual legislature; although justices within a Civil Law system may be entitled to expand or interpret the law with regard to their sentencing, the formulation of judicial review resides primarily on a textual, referential basis.

Common Law is considered to rely more heavily – if not completely – on the legal statutes and stipulations inherent to Case Law, which is a legal field within which past sentencing and review are employed as legal guidelines for sentencing; in contrast to Civil Law, many consider Common Law to allow for a more constant restructuring of the justice system undertaken within that jurisdiction.

Common Law Legal Practices

Although the United States is not considered to maintain a Common Law judicial system, there do exist elements of Common Law within the American Legal system. One such instance in which Common Law is maintained exists within the circumstance of Common Law Marriage:

Common Law Marriage

A Commonlaw marriageisclassified as a legal matrimony processes that allows for a couple who maintains romantic involvement to be considered legally wed; as in the case of a commonlaw marriage, couples eligible to wed under the precepts of Common Law are not required to participate in a wedding ceremonies; furthermore, these couples are not required to obtain marriage certificates. Although not recognized within each of the 50 United States, Common Law is currently practiced within select states – Couples recognized as legally wed under the precepts of Common Law Marriage are required to:

Present themselves as a married couple both in conduct, as well as lifestyle; this includes behaving in a manner that is indicative of marriage permanent and longstanding in nature.

Share a residence for a substantial period of time while undergoing a lifestyle illustrative of cohabitation; this will include a requirement to claim one another as a spouse on all applicable documents, applications, and forms.