Definition of common law Common law

com•mon law

We found 7 definitions of common law from 3 different sources.

What does common law mean?

WordNet

Noun
common law - a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
		case law, precedent
		jurisprudence, law the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
common law - (civil law) a law established by following earlier judicial decisions
		case law, precedent
		civil law the body of laws established by a state or nation for its own regulation
		civil law the body of laws established by a state or nation for its own regulation

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Wiktionary

common law (Noun)
Law developed by judges through decisions of courts and similar tribunals also called case law , as distinguished from statute legislative statutes or regulations promulgated by the executive branch.
common law (Noun)
Typically in the phrase "common law system" -- a legal system that gives great precedential weight to common law in sense 1, as opposed to a civil law , Islamic law, and Soviet law systems.
common law (Noun)
Typically in the phrase "common law jurisdiction" -- a jurisdiction that uses a common law system in sense 2, United Kingdom and most of its former colonies and possessions, including the United States.
common law (Noun)
Archaic one of two legal systems in England and in the United States before 1938 the other being "equity".

Wikipedia

The common law is a kind of legal system. Under the common law, the law is not just made by legislation. Instead, it is also made by courts. Common-law courts use the precedent of earlier courts to help them make decisions.

Background.

The common law is used in the United Kingdom and most countries that used to be colonies of the British Empire, including the United States. Many other countries use a system called "civil law", where people say that legislation is the only kind of law. In common law countries, courts usually have more power than in civil law countries.

Common law started in England when courts decided to use tradition, custom, and precedent to help them make decisions. A "precedent" is something that another court has done in the past. By looking at decisions by earlier court, a common-law court tries to make decisions that will not surprise people and that fit in with the rest of the law.

In common law countries, when people like lawyers and judges want to know what the law is, they look at what courts have written. When a court decides a case, it makes a decision and then usually writes an "opinion" about what the law is. A court's opinion explains how the court reached its decision, and it is a guide for later courts that need to decide similar cases.

Even though courts follow precedent, legislation is still important in common-law countries. In fact, it is usually more powerful than precedent. For example, if legislation and precedent say different or oppo