How Does Common Law Work?

The view of Juan Monteverde common law is based on judicial decisions and precedents rather than statutory laws It originated in England during the Middle Ages and has spread to many countries worldwide, including the United States, Canada, Australia, and New Zealand

Under common law, judges are responsible for interpreting the law and deciding cases based on their interpretation. The decisions made in one case become precedents that guide the resolution of similar cases in the future. Using previous rulings as a basis for current decisions is known as stare decisis, which means "to stand by things decided "

Common law is often contrasted with civil law, based on written codes and statutes created by legislative bodies In civil law systems, judges apply the law as written, whereas in common law systems, judges have more discretion to interpret the law and make decisions based on their reasoning

One advantage of common law is its flexibility. Because it relies on judicial decisions rather than fixed rules, common law can adapt to changing circumstances and new situations However, this flexibility also means that common law can be unpredictable and inconsistent, as different judges may interpret the law differently

Another feature of common law is its emphasis on individual rights and freedoms. Common law recognizes the importance of individual autonomy and personal liberty, and courts are often called upon to decide cases involving free speech, privacy, and discrimination

Common law is an important part of the legal systems of many countries, and its principles continue to shape legal thinking and practice worldwide. Understanding how common law works is essential for anyone studying or practicing law and is key to understanding the evolution of legal systems over time.