Common law

Definition

Common law is a legal system that is based on court decisions and judicial precedents rather than on written statutes. It developed in England during the Middle Ages and has influenced many legal systems around the world, emphasizing the role of judges in interpreting laws and creating binding precedents for future cases.

5 Must Know Facts For Your Next Test

1. Common law originated in England after the Norman Conquest of 1066, when royal courts began to standardize laws across the kingdom.
2. Judges in a common law system have significant power to interpret laws and create binding precedents, making their rulings influential beyond individual cases.
3. Common law systems contrast with civil law systems, which are based primarily on codified statutes and legal codes rather than judicial decisions.
4. The development of common law contributed to the decline of feudalism, as it established a more uniform system of justice that applied to all individuals regardless of status.
5. Common law has shaped modern legal frameworks in many countries, including the United States and Canada, where it continues to play a crucial role in legal proceedings.

Review Questions

• How did common law evolve from local customs and practices into a unified legal system in medieval England?
  • Common law evolved from local customs as royal judges traveled to different regions to hear cases, leading to the establishment of consistent legal principles across England. This process began after the Norman Conquest, where judges would apply similar rulings in similar cases, creating a body of precedents that formed the foundation of common law. Over time, this unified approach helped establish a sense of fairness and predictability in legal proceedings.
• Discuss the role of key documents like the Magna Carta in shaping the principles underlying common law and its implementation in England.
  • The Magna Carta, signed in 1215, played a critical role in shaping common law by limiting royal authority and establishing certain legal rights for individuals. It emphasized principles such as due process and equal treatment under the law, which influenced subsequent interpretations and applications of common law. This document laid the groundwork for a legal system that prioritized individual rights and accountability, reinforcing the judiciary's role as an independent check on government power.
• Evaluate the impact of common law on the decline of feudalism and the rise of centralized states in medieval Europe.
  • Common law significantly impacted the decline of feudalism by providing a more equitable system of justice that applied uniformly across regions, diminishing the arbitrary power of local lords. As royal courts gained authority through common law, they fostered a centralized legal framework that challenged feudal hierarchies. This shift helped empower monarchs who sought greater control over their territories, ultimately contributing to the rise of centralized states in medieval Europe as feudal loyalties waned.

Related terms

Precedent: A legal principle or rule established in a previous case that serves as a guide for deciding similar future cases.

Magna Carta: A landmark document from 1215 that limited the powers of the king and established certain legal rights, laying the groundwork for the development of common law.

Judicial Review: The process by which courts examine the actions of legislative and executive branches to ensure they comply with the constitution or established laws.