Know All About Common Law
By Lisa Allen
What Is Common Law?
Common law can simply be understood as a body of accepted laws that rely upon the legal precedents set up by the courts. The process of making a decision is affected by common law in numerous peculiar cases where the end results cannot be certainly relying upon the already presented written rules of law. The common law is known to be the legitimate framework utilized in Great Britain and the United States (aside from the province of Louisiana). As per precedent-based law, makes a decision about must think about the choices of prior courts (points of reference) about comparative situations when settling on their own choices.
Individuals some of the time call common law "customary law" as judges think about the traditions of the nation when deciding. In numerous nations, the equity framework joins components of common law which were passed on from Roman law, and customary law, which created in England. The common-law system in the U.S. was evolved from a British tradition that spread to North America during the 17th- and 18th-century colonial period.
The origination and advancement of the English common law took place in the King’s Court during the early Middle Ages. During that particular period, the single royal court was arranged in London’s Westminster. If we talk about common law, it generally possessed and consists of procedural remedies in place of the substantive rights. The working and execution of such impactful remedies over time, it to originated and produced the modern system. Within this particular modern system, the rights were considered to be fundamental over the procedure.
Characteristic & Features
The common law often has certain distinctive features. These features usually depict the law of the courts exactly as explained in the judicial decisions. Judges resolve and determine the cases found in precedents marked by the past preferences, in distinction to the civil law system that is predicated on statutes and prescribed texts. Apart from the system of judicial precedents, alternative characteristics of common law are a trial by jury and also the philosophy of the ascendency of the law. Originally, the ascendency of the law meant that not even the king was on top of the law however nowadays it implies that acts of governmental agencies are subject to scrutiny in normal legal transactions. The judicial precedents tend to obtain their power from the principle of stare plans. The contrasting scenarios and conditions originate the impertinent decisions besides as a fundamental for analogy. This also streams a receptive as well as pliant system whereas the general consent of many authoritative requisites gives a sense of stability.
There are times when it becomes difficult and troublesome for the general courts to maintain the momentum with social advancements. It has become quite crucial to cope up with the falling changes and alterations. Once a rule is established the common law becomes quite stiff and rigid. This tends to give rise to obduracy, which can cause difficulty when the decision is out of context. Common law possesses a set of rules that are known to be highly complex.
Common Law V/S Civil Law?
Lawyers are frequent with the fact that legal systems in particular nations or countries around the globe mainly have two special categories. These two main categories are common law and civil law. As per the statistics, there are nearly 150 countries possess civil law systems. On the other hand, there are nearly 80 countries with the system of the common law. Civil law is known to be a comprehensive one which holds codified legal statutes set up by the legislators. The leading variance or we can say the difference between both these systems is that in case of common law countries in the form of published judicial opinions are considered to be of primary significance, whereas in case of civil law systems the codified statutes tend to outweigh. However, the civil-law systems are known to be more prevalent as well as widespread as compared to the common-law systems.
Different historical contexts are attached to both common law and civil law. Today, the sources of laws, the role of lawyers, and structure of court tend to stream major differences in both common and civil law. However, a common law system is known to be less normative as compared to a civil law system.
At present, the law usually shapes up an instrument of government policy as well as the outcomes from social constraints on the government. That is the reason why the law is considered to be largely administrative. However, common law is quite vigorous and ever-changing but the new laws will be formed from time to time in order to meet the requirements of fresh circumstances. A detailed set of rules can be observed in the system of the common law.
Lisa Allen, an assistant writer/author working for EssayCorp, is a Ph.D. holder from the University of Sydney with years of experience in the academic field. I have already written for many sites like Trans4mind, Mindmajix, Thrive global, I Must Read, Buzzfeed, Theodysseyonline, Tribulant and more.