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Common law is a body of unwritten laws based on legal precedents. It is deeply rooted in stare decisis, a Latin phrase that means to stand by things decided. In practice, this means that judges in common law systems need only follow precedent when making decisions. This means that court proceedings can be shorter, saving time and money. Common law is adaptable and flexible, responding to changes in society. It is often contrasted with civil law, which is a comprehensive, codified set of legal statutes created by legislators. Judges in common law systems have the power to overturn previous precedents and establish new ones, and this has been the primary source of law for several hundred years.
| Characteristics | Values |
|---|---|
| Basis | Common law is based on precedent, meaning the judicial decisions that have already been made in similar cases. |
| Sources | Common law is a body of unwritten laws. |
| Decision-making | The presiding judge determines which precedents to apply in deciding each new case. |
| Influence | Judges can influence the criteria that a jury uses to interpret a case. |
| Adaptability | Common law can adapt to unforeseen situations not originally predicted by lawmakers. |
| Flexibility | Common law is flexible, as it can respond to changes in society. |
| Efficiency | Judges need only follow precedent when making decisions in common law systems, making court proceedings shorter and saving time and money. |
| Overturning | Higher courts can overrule prior decisions as "bad law". |
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What You'll Learn
- Judges are guided by previous judicial decisions, known as case law or judicial precedent
- Judges determine which precedents apply to each case
- Judges can modify or deviate from precedents in certain circumstances
- Judges can overturn precedents, but this rarely occurs
- Judges can establish new precedents in cases of first impression
Judges are guided by previous judicial decisions, known as case law or judicial precedent
Common law, also known as judicial precedent, judge-made law, or case law, is a body of unwritten laws based on legal precedents. It is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These precedents are maintained over time through the records of the courts and are historically documented in collections of case law known as yearbooks and reports.
However, lower courts can choose to modify or deviate from precedents if they are outdated or if the current case is substantially different from the precedent case. Lower courts can also choose to overturn the precedent, but this rarely occurs. In a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.
Common law is often contrasted with Roman-derived "civil law", and the fundamental processes and forms of reasoning in the two are quite different. Civil law is a comprehensive, codified set of legal statutes created by legislators. A civil system clearly defines the cases that can be brought to court, the procedures for handling claims, and the punishment for an offense. Judicial authorities use the conditions in the applicable civil code to evaluate the facts of each case and make legislative decisions.
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Judges determine which precedents apply to each case
Common law is a body of unwritten laws based on legal precedents. It is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. The presiding judge determines which precedents to apply in deciding each new case.
The presiding judge of a case determines which precedents apply to that particular case. The example set by higher courts is binding on cases tried in lower courts. This system promotes stability and consistency in the U.S. legal justice system. However, lower courts can choose to modify or deviate from precedents if they are outdated or if the current case is substantially different from the precedent case. Lower courts can also choose to overturn the precedent, but this rarely occurs.
The early development of case law in the 13th century has been traced to Bracton's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books. The Year Books are known as the law reports of medieval England and are a principal source of knowledge of the developing legal doctrines, concepts, and methods in the period from the 13th to the 16th centuries, when the common law developed into a recognizable form.
In a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. As judges present the precedents that apply to a case, they can significantly influence the criteria that a jury uses to interpret a case. Past decisions continue to shape future rulings until societal changes prompt a judicial body to overturn the precedent.
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Judges can modify or deviate from precedents in certain circumstances
Common law is a body of unwritten laws based on legal precedents. It is largely based on stare decisis, which means "to stand by things decided" in Latin. This doctrine dictates that judges should adhere to precedent or prior decisions made by courts of the same or higher level when deciding a case with similar facts.
However, judges can modify or deviate from precedents in certain circumstances. While stare decisis is meant to promote stability and consistency in the legal system, it is acknowledged that judges should first and foremost administer justice. Judges are not required to follow precedent blindly, and they have a duty to treat parties impartially and objectively. In cases where following a precedent may lead to unjust outcomes, judges may offer reasons or legal nuances to deviate from or overturn prior rulings. Judges may also modify or deviate from a precedent if it is outdated or if the current case is substantially different from the precedent case.
For example, in the United States, the Supreme Court decision in Brown v. Board of Education (1954) directly overturned the precedent of Plessy v. Ferguson (1893). Plessy held that "separate but equal" public accommodations did not violate the Constitution, but this precedent was blatantly absurd and unjust, and it was rightfully overturned by the Supreme Court.
Additionally, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. This allows for the evolution of common law to address changes in society and the development of new technologies or demographic shifts.
Overall, while judges generally adhere to stare decisis and respect for precedents, they have the authority to modify or deviate from precedents in certain circumstances to ensure that justice is served and the law remains dynamic and responsive to societal changes.
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Judges can overturn precedents, but this rarely occurs
Common law is a body of unwritten laws based on legal precedents. It is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in stare decisis, which means "to stand by things decided" in Latin. When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make its decision in alignment with the previous court's decision.
The Supreme Court applies the doctrine of stare decisis by following the rules of its prior decisions unless there is a special justification or strong grounds to overrule precedent. There is a presumption that precedents will be followed. However, the rule of stare decisis is not an inexorable command, and the Supreme Court has said that there has to be a special justification for overruling a precedent.
There are several reasons why judges might overturn a precedent. Firstly, circumstances, logic, or judges' views may determine it is time to overturn a precedent. Secondly, the idea of equity or justice dictates that "like cases should be decided alike". If a court has decided a particular set of facts in a specific way, fairness dictates that it should decide another similar case the same way. Thirdly, judges might overturn a precedent if they think it was badly reasoned, simply wrong, or inconsistent with their own senses of the constitutional framers' intentions.
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Judges can establish new precedents in cases of first impression
Common law is a body of unwritten laws based on legal precedents. It is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. The presiding judge determines which precedents to apply in deciding each new case.
When a trial court judge is presented with a case of first impression, or an issue that has never been previously decided by any court, they have the opportunity to create new precedent. This means that the judge can establish a new ruling that may serve as a guideline for future cases that are similar in nature. The judge will analyze the relevant legal principles, statutes, and societal norms surrounding the issue. They may refer to other jurisdictions that have addressed similar issues, even if they are not binding. By explaining the logic behind their decision, the judge provides a foundation for the new precedent.
In a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. This does not mean that the judgement in a case of first impression will always establish a binding precedent. Instead, the power, authority, and responsibility of interpreting the law remain primarily with appellate courts.
The early development of case-law in the thirteenth century has been traced to Bracton's On the Laws and Customs of England, which led to the yearly compilations of court cases known as Year Books. The Year Books are known as the law reports of medieval England and are a principal source of knowledge of the developing legal doctrines, concepts, and methods in the period from the 13th to the 16th centuries, when common law developed into a recognizable form.
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Frequently asked questions
Common law is a body of law based on legal precedents that are largely unwritten. It is largely based on the principle of stare decisis, which means "to stand by things decided" in Latin. Judges need only follow precedent when making decisions in common law systems.
Judges make common law by presenting the precedents that apply to a case, which significantly influences the criteria that a jury uses to interpret a case. The presiding judge determines which precedents to apply in deciding each new case.
Common law is flexible and adaptable to unforeseen situations. It is also efficient, as it saves time and money by allowing judges to rely on precedent when making decisions.
