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Common Law Definitions

Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Common law changes over time.

The U.S. is a common law country. In all states except Louisiana, which is based on Napoleonic code, the common law of England was adopted as the general law of the state, or varied by statute. Today almost all common law has been enacted into statutes with modern variations by all the states. Broad areas of the law, such as property, contracts and torts are traditionally part of the common law. Because these areas of the law are mostly within the jurisdiction of the states, state courts are the main source of common law. The area of federal common law is primarily limited to federal issues that have not been addressed by a statute.

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14y ago
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13y ago

The Common Law system is based on legal precedents. Most countries that were part of the British Empire are Common Law jurisdictions.

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12y ago

civil law

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Q: What was common law based upon?
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Related questions

Why did the colonist choose to base their government on written law rather than common law?

They didn't. They based it upon the Common Law from England.


What were local court decisions based upon in the early English courts?

Common law


What is a system of law based on precendents and customs called?

Common law focus' on precedent and makes decisions based on previous similar cases- although I'm not sure if "custom" falls into the same category


What are laws based on common sense and judges previous decisions?

Common law and case law is derived from previous decisions. There is no law based simply on common sense.


What is distinguishing feature of common law system?

Common law is based on custom and precedent, whereas statutory law is based on legislated statutes.


What are three principles of common law?

common law is based on precedent rather on statute law


Is Common law based on statutes written by legislatures?

In those countries where it applies the opposite is true. Statutes are based on common law.


What is the law based on opinion and precedents?

Case or Common Law


What do you call a law that is based on previous events?

Common law


What is Relationship between legislation and case law?

In the US legal system, indeed all common law systems, there are 2 basic forms of the law. There is statute and then there is common law. Common law is "judge made law" which is based on the doctrine of stare decisis. Legislation leads to statute, which is passed by a governing body and is controlling as law itself. However, statute still depends upon judicial interpretation.


Why is Louisiana law different from other states?

Its foundation is based not on English common law but on Roman Law and a mixture of French, German and Spanish law instead.


What is a system of a law based on precedent and customs called?

The Common Law