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Where does common law come from?

Updated: 4/29/2024
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8y ago

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Prior to the Norman Conquest, there was a network of local courts administering law across England, with three main law 'areas', such as Wessex. The Normans began to institute a common law regime across England.

By the time of Heny II, the process of superseding the network of local courts was well under way. Henry established a practice whereby his officials regularly visited the counties to investigate the administration of the king's local representatives and to administer justice.

By the fourteenth century, this system had evolved into a set of King's Courts, which were now known as the common law courts, since they administered the law that was common to the whole realm.

As opposed to statutory law, common law is considered to be judge-made law. Each case is decided on the basis of the most relevant precedents, but if a direct precedent can not be found the judge 'discovers' the precedent by providing a judgement that seems most consistent with the existing body of common law - in other words what the judge's predessors would have determined had the case arisen much earlier.

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8y ago
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6d ago

Common law is a system of law that is created through judicial decisions and precedent rather than through legislation. It originated in England and spread to many countries that were formerly part of the British Empire, including the United States, Canada, and Australia. Common law principles are based on the idea of fairness, consistency, and predictability in legal decision-making.

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9y ago

Common law is defined as the part of English law that is derived from custom and judicial precedent rather than statutes. It is those laws as adopted and modified separately by the different states of the US and by the federal government.

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9y ago

Common law originated in the early Middle Ages in the King's Court. It only included procedural remedies - substantive rights have been added over time.

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13y ago

(in the US) So-called 'common law' is descended to us primaily from the old English sytem of laws.

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What is equity law where did it come from?

Equity law is a system of law that developed in England to provide remedies that were not available under common law. It developed in the Court of Chancery, which was separate from the common law courts, to address situations where the strict application of common law rules led to injustice. Equity law is based on principles of fairness, justice, and conscience.


List the primary characteristics of common law?

Common law is based on legal precedents and case law, rather than statutory laws. It emphasizes the importance of judicial decisions in interpreting and applying laws. Additionally, common law allows for flexibility and adaptability in responding to changing societal norms and circumstances.


The common law of the past that is based on a decision made by judges is called?

The common law of the past based on judges' decisions is referred to as case law. This forms the basis for legal principles and precedents in common law legal systems.


What are The rules of law developed by judges called?

The rules of law developed by judges are called common law. Common law is derived from judicial decisions and precedent rather than statutes or regulations.


What are the two systems of law in use today?

The two main systems of law in use today are civil law and common law. Civil law is based on a codified set of laws and emphasizes the principles of legal codes and statutes. Common law, on the other hand, relies on judicial decisions and precedents to establish legal principles.

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