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What is common law

301 11 months ago
In law , common law also known as judicial precedent or judge-made law is the body of law derived from judicial decisions of courts and similar tribunals. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision a principle known as stare decisis. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases called a " matter of first impression " , and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue one party or the other has to win, and on disagreements of law, judges make that decision. Common law, as the body of law made by judges, [3] [8] stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch the interactions among these different sources of law are explained later in this article. Stare decisis , the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
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Category:Common law

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Common Law Definition

The following pages are in this category, out of total. This list may not reflect recent changes learn more. From Wikipedia, the free encyclopedia. The main article for this category is Common law. Subcategories This category has the following 17 subcategories, out of 17 total. Pages in category "Common law" The following pages are in this category, out of total.
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Common law

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Common law , also called Anglo-American law , the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England since the Middle Ages. From it has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth formerly the British Commonwealth of Nations. In this sense common law stands in contrast to the legal system derived from civil law , now widespread in continental Europe and elsewhere.

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