How did common law develop in England?

Answer 1

According to Bouvier's Law Dictionary of 1856, common law is "That which derives its force and authority from the universal consent and immemorial practice of the people."

Common law, or case law, is uncodified law. It is derived from judicial decisions in similar cases called precedents. These precedents are maintained in court records and documented in collections of case law. Common law is what gives American and British judges the ability to shape the law. Much case law has been codified in modern law codes (examples are criminal, probate, property law codes) but new case law is still being made.

The common law tradition originated in England beginning with the Norman Conquest (1066) and travelled to the New World with the British colonists. It began with the courts of feudal rulers and overlords. It evolved to a set of itinerant judges who represented the king (c1250), centralizing control over local courts. Decisions by these judges formed the precedents that were to be followed in future similar cases. The judge was the authorized representative of the community. In that way, common law was community based. This ushered in a system that was not plagued by variation and allowed a judicial system to become centralized with standardized laws and procedures.

Answer 2

Common law rules generally come from existing laws. When the Legislative branch passes a law, common law rules will originate from them.

Answer 3

Common law is judge made law. Judges made rulings about certain decisions that became standard, or common. It makes the law more standardized and predictable.