Common Law Legal Systems
Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch.
A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is 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"), judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts. (See below here and here for contrasting systems.)
In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. However, stare decisis, the principle that similar cases should be decided according to consistent principled rules so that they will reach similar results, lies at the heart of all common law systems.
One third of the world's population (approximately 2.3 billion people) live in common law jurisdictions or in systems mixed with civil law. Particularly common law is in England where it originated in the Middle Ages, and in countries that trace their legal heritage to England as former colonies of the British Empire, including India, the United States, Pakistan, Nigeria, Bangladesh, Canada, with the exception of Québec where a mix of civil law (on the provincial level) and common law (mostly on the federal level) is used, Malaysia, Ghana, Australia, Sri Lanka, Hong Kong, Singapore, Myanmar, Ireland, New Zealand, Jamaica, Trinidad and Tobago, Cyprus, Barbados, South Africa, Zimbabwe, Cameroon, Namibia, Botswana, Guyana and Israel.
Read more about Common Law Legal Systems: Primary Connotations, History, Common Law Legal Systems in The Present Day, Scholarly Works
Famous quotes containing the words common, law, legal and/or systems:
“A common and natural result of an undue respect for law is, that you may see a file of soldiers, colonel, captain, corporal, privates, powder-monkeys, and all, marching in admirable order over hill and dale to the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed, and produces a palpitation of the heart.”
—Henry David Thoreau (18171862)
“A quality is something capable of being completely embodied. A law never can be embodied in its character as a law except by determining a habit. A quality is how something may or might have been. A law is how an endless future must continue to be.”
—Charles Sanders Peirce (18391914)
“In the course of the actual attainment of selfish endsan attainment conditioned in this way by universalitythere is formed a system of complete interdependence, wherein the livelihood, happiness, and legal status of one man is interwoven with the livelihood, happiness, and rights of all. On this system, individual happiness, etc. depend, and only in this connected system are they actualized and secured.”
—Georg Wilhelm Friedrich Hegel (17701831)
“The skylines lit up at dead of night, the air- conditioning systems cooling empty hotels in the desert and artificial light in the middle of the day all have something both demented and admirable about them. The mindless luxury of a rich civilization, and yet of a civilization perhaps as scared to see the lights go out as was the hunter in his primitive night.”
—Jean Baudrillard (b. 1929)