Legal Dictionary
Common Law
Definition
The body of law derived from judicial decisions of courts and similar tribunals.
Deep Dive
Common law refers to the body of law derived from judicial decisions and precedents, rather than from written statutes enacted by a legislature. Originating in medieval England, this legal system is characterized by its reliance on *stare decisis*, the principle that courts should follow the rulings of prior cases when faced with similar facts and legal questions. This creates a consistent and predictable legal framework that evolves organically through the interpretation and application of existing laws by judges, rather than through legislative amendment.
Examples & Use Cases
- 1The development of tort law, such as negligence and trespass, primarily through centuries of judicial decisions rather than specific statutes
- 2Many foundational principles of contract law, like offer and acceptance, originated and evolved through common law rulings
- 3Property rights and landlord-tenant relationships have often been shaped by common law precedents before being codified into statute.
Related Terms
Case LawStare DecisisStatutory Law