Did you know that some laws come from past court decisions rather than written rules? This is the essence of common law—a system where judges establish legal principles through their rulings. It’s flexible and evolves with time, unlike civil law, which follows strict written codes.
Courts in countries like the U.S. and U.K. apply common law, while civil law dominates in places like France and Germany. The main difference? Common law relies on precedents, while civil law sticks to set statutes.
What is the Common Law System?
Common law is a set of laws from past court decisions instead of written rules. Judges use these past rulings to decide cases, especially when there are no clear laws to follow. The U.S. common law system started from British traditions brought over in the 17th and 18th centuries. These countries—Australia, Canada, India, New Zealand, Hong Kong, and the United Kingdom—also use common law today.
Common Law: Origin and Brief History
Historians say the Romans created civil law around 600 C.E. when Emperor Justinian started organizing laws into written codes. Today’s civil law is based on the tradition of writing down laws instead of relying on court decisions. Common law began in early England when judges started recording their rulings. Later, these past decisions were used to help decide new cases with similar issues.
Common Law Research: Where to Start
Common law revolves around the decisions made in court in history, so it’s important to research previous rulings. Legal online databases and casebooks make it easy to get relevant precedents. Using these resources, lawyers can anticipate outcomes and bolster their arguments.
Common Law Rules
The judge’s legal discretion guidelines from past court decisions. Court proceedings make decisions based on the rule of precedents instead of legislatively stipulated laws.
Common Law Courts
Law proves courts with previous decisions to rule. These courts are bound by the law of precedent to ensure justice and equality before the law.
Common Law Doctrines
Important legal notions created by courts over time. Judges adopt these legal verdicts to arrive at equity in various decisions.
Common Law Jurisdiction
Territorial units wherein courts decide cases based on the adjudged previous ruling. These countries include the United States, the United Kingdom, Canada, and Australia.
Benefits of the Common Law System
Both common law and civil law have their pros and cons. However, common law offers several key benefits:
Stability and Consistency
Common law ensures fairness by following past case decisions. This creates a predictable legal system for everyone.
Efficiency in Legal Research
Judges rely on precedent, making court cases faster and reducing legal costs. It helps to save time for both courts and individuals.
Adaptability in Legal Practice
Courts can handle new situations that laws don’t specifically cover. It allows the legal system to address unexpected issues.
Flexibility in Common Law Research
Common law develops within society without waiting for new laws. Higher courts can also change outdated rulings when necessary.
Key Principles of Common Law
Common law rests on the foundation of court verdicts over legislative documents, allowing judges to rule on cases using their best judgment at hand. This system’s scope is broader and much more fluid.
Precedent (Stare Decisis)
Ensures that courts can maintain standardization by accepting the decisions already made in similar previous cases.
Judicial Decisions Shape Law
Courts construct and execute laws sheltered under the common law system, ensuring efficiency.
Case Law Over Written Law:
Strict legal codes have low significance in common law, which respects prior judge decisions.
Equity and Fairness
All legal and jurisdictional decisions seek to be just and protect the interests of citizens, even when there is no concrete law.
Major Countries with a Common Law System
The U.S., U.K., Canada, and Australia use common law. These nations rely on court decisions and legal precedents to shape their laws.
Common Law in Different U.S. State
Common law in the United States is based on judicial rulings and precedents rather than written statutes. Courts use past decisions to resolve disputes, making the system flexible and adaptable. While federal laws exist, each state can have its own common law rules.
Common Law in the State of Texas (TX)
Texas follows common law in court rulings and is one state that recognizes common-law marriage. This means couples can be legally married without a formal ceremony if they meet certain requirements, such as living together and presenting themselves as married.
Common Law in the State of Florida (FL)
Florida courts use common law principles to decide cases. However, common-law marriage is not recognized unless it was established before 1968. Courts rely on past legal decisions to interpret laws.
Common Law in Georgia (GA)
Georgia applies common law in legal cases but abolished common-law marriage in 1997. Judges use past rulings to decide cases related to personal injury, contracts, and other legal disputes.
Common Law in New York (NY)
New York follows common law for many legal matters but does not allow common-law marriage. Courts look at past decisions when handling cases related to contracts, property, and individual rights.
Common Law in Virginia (VA)
Virginia courts use common law principles, especially in contract and property disputes. However, common-law marriage is not recognized in the state.
Common Law in Kansas (KS)
Kansas is one of the few states that still recognizes common-law marriage. Courts also rely on past legal decisions to guide rulings in various cases.
Common Law in Kentucky (KY)
Kentucky courts follow common law, but new common-law marriages are not allowed. Judges base their rulings on past case precedents.
Common Law in New Mexico (NM)
New Mexico applies common law principles to legal cases but does not recognize common-law marriage. Courts consider previous rulings when deciding disputes.
Common Law in Rhode Island (RI)
Rhode Island follows common law and is one of the few states that still allows common-law marriage. Courts rely on past cases when making legal interpretations.
Common Law in Washington (WA), DC
Washington, D.C., follows common law and recognizes common-law marriage. Courts use previous rulings to decide various legal issues.
Common Law in West Virginia (WV)
West Virginia follows common law principles but does not recognize common-law marriage. Courts use precedents to guide their decisions.
Common Law in Delaware (DE)
Delaware courts rely on common law for case decisions but do not recognize common-law marriage. Judges refer to past cases when handling legal disputes.
How British Common Law Developed Over Time
The development of the British common law from medieval England was through courts’ decisions instead of written laws. Judges applied rules according to local customs and documented their judgments to formulate uniform practices. King Henry II streamlined this during the 12th and 13th centuries. The expansion of the British Empire meant Britain’s legal system impacted a multitude of other nations. Presently, while it maintains its core principles, British common law makes provisions to cope with new challenges.
Example of Common Law
Common law has often influenced written statutes. For example, in the U.K., the longstanding common law offense of outraging public decency played a role in shaping legislation against upskirting—taking photos under someone’s clothing without consent. In February 2019, the House of Commons in the UK approved the Voyeurism Offenses Act which officially criminalized, leading to a maximum penalty of two years’ imprisonment and compulsory registration as a sexual offender.
What is Common Law Marriage?
Common law marriages refer to couples that can be recognized as married even when an official wedding or marriage certificate has not been issued. This is common in some countries, although in the U.S. few states allow it under specific circumstances, which are:
- Iowa
- Kansas
- Montana
- New Hampshire
- South Carolina
Common Law Marriage Rules in California (CA)
Couples do not allow legal common-law marriage. A marriage certificate must be issued to a man and a woman to be legally married. However, the state does recognize common law marriages from other states where it is legal. Couples who choose not to marry can have some legal rights through cohabitation agreements and domestic partnerships.
What is the Civil Legal System?
Civil legal systems use laws and codes rather than decisions made in courts, such as judges making use of laws set in place. They stick to the law to make rulings, as this guarantees that the outcome is similar for each case. The system is systematic and less complicated because the law is precise. Common law countries include France, Germany, Japan, and many more. Civil law, unlike common law, does not rely on customs established by judges.
Common Law vs. Civil Law: Key Differences
Common law, where judges are guided by statutes and codes, and civil law are more prevalent. It can stipulate distinctive cases, delineate modalities of the court, and determine penal sanctions. The aim of the law is achieved because there is a defined way of handling issues. Even though such laws can change, such measures seem to be more effective in eradicating discrimination.
Common law is dependent on former decisions made by courts and other adjudicative bodies. It seeks to achieve fairness by treating cases alike. In contrast to civil law, adjudication developed it, and these can differ from one region to another. This is an advantage, as the law can respond to the changing circumstances over time freely.
What Civil Law Means in Different Legal Contexts
Civil law can vary significantly based on the setting in which it is used. Regarding a legal system, it refers to a collection of statutes developed through legislation. However, in the United States, civil law is typically understood as non-criminal cases that have contract or property disputes. Even though such cases are referred to as civil, U.S. courts apply common law traditions while deciding on these matters.
Conclusion
Common law is a legal system based on past court rulings instead of fixed written laws. It is flexible and adapts over time, unlike civil law, which follows strict legal codes. Countries like the U.S. and U.K. rely on common law to guide legal decisions. Knowing how it works helps people understand their rights and how courts shape the law. Its ability to evolve makes common law a strong and lasting part of justice.
Common Law: Frequently Asked Questions
Common law is a legal system based on past court decisions rather than written laws.
Yes, many countries, including the U.S. and U.K., still use common law alongside civil law in their legal systems.
Common-law marriage is a good example. In some places, couples who live together for a long time may have the same legal rights as married couples, even without a marriage license.
Common law helps courts make fair decisions by following past rulings while also allowing flexibility for new situations.
The UK’s legal system is based on common law traditions, which have also influenced the U.S. and other countries. Today, both the U.K. and the U.S. use a mix of common law and civil law.