What are common law simple terms?
Understanding Common Law in Simple Terms
What is Common Law?
Common law is a body of law that is developed through court decisions and judicial precedents rather than through written statutes or laws enacted by legislative bodies. It originated in England and has been adopted in many countries, including the United States, Canada, and Australia.
Key Features of Common Law
- Judge-Made Law: Laws are created and interpreted by judges through their rulings in individual cases.
- Precedent: Past judicial decisions (precedents) are used to decide new cases, ensuring consistency and predictability.
- Adaptability: The law evolves over time as judges interpret and reinterpret legal principles based on new circumstances.
- Case Law: The collection of judicial decisions forms a body of case law that guides future rulings.
Simple Explanation
In simple terms, common law is the law that comes from judges' decisions in court cases, rather than laws written by lawmakers. It develops over time as courts make rulings on different issues, and those rulings become a guide for future cases.