Common law is a legal system derived from judicial decisions and precedent, where courts interpret and apply the law. Roman law, on the other hand, was a legal system developed in ancient Rome based on written statutes and codes. Common law relies heavily on precedent, while Roman law emphasized codification and abstract legal principles.
Trial courts create legal precedent known as case law. This precedent is based on the decisions made in individual cases and can be used as a guide for future similar cases.
Precedent is a component of common law
"Precedent"?
Precedent
The Common Law
The Common Law
Where the law does not set a precedent to be followed by Courts lower in the Court hierarchy, it must turn to the Statute (or legislation) that is prescribed in that area
Common law refers to law developed by judges through decisions of courts that are called precedent. Roman law, or civil law, differs from common law in that it is based solely on a legal code instead of precedent.
common law is based on precedent rather on statute law
The precedent man wanted everyone to know that he changed the law.
No. An appeal to precedent is a type of analogy. This is the practice of using a case that has already been decided in a court of law (the precedent) as an analog with which to compare the case in question. If the case in question is sufficiently similar to the precedent, and the precedent stands on the authority of the court's ruling, then it may be argued by analogy that the case in question should receive the same ruling. It would be inconsistent, hence illogical, to treat like cases (the analogs) differently. (McGraw Hill Moral reasoning)