What is Common Law?

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There are many legal systems in the United States and in other parts of the world. However, they all have one thing in common: they are not derived from special branches of the law. Instead, statutes are created to give a short explanation of each legal rule. This process, called codification, is the process by which new laws are made. In many cases, judges create new common law in cases, by writing opinions based on previous decisions. The foundations of common law include torts, contracts, and property.

While many states have statutes relating to criminal and civil law, the common law is based primarily on the judgments and opinions of courts. Unlike statutes, the common law is created by courts, which deduce principles from older cases and apply them to future cases. Common law is a complex system of laws and legal decisions, made by lower courts, appellate courts, and the Supreme Court. Here are some definitions of common law:

The common law has a long history. During the early days of courts, customs were often used as the basis for precedent. Even though the monarchy used formal orders called “writs” to decide cases, they were not very comprehensive. In such cases, a court of equity was created. These courts listened to complaints, interpreted them, and ultimately issued judgments. Their decisions were recorded and made public so that similar cases could be decided by the same judge in the future.

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