Common Law
Common Law
Common law is a body of law that originates from judicial decisions made by courts in England. It is a shared law that applies to all members of society, regardless of their social status, property holdings, or nationality.
Sources of Common Law:
- Judicial Decisions: The primary source of common law is the body of law created through decisions made by judges in courts of law.
- Custom: Ancient customs and practices that have been followed for centuries can also be sources of common law.
- Statutes: Laws enacted by legislatures can override common law principles in certain areas.
- Treaties: International treaties can create binding legal obligations on countries, including matters related to common law.
Key Principles of Common Law:
- Constitutionalism: Common law is subject to the constraints of the Constitution of the United States.
- Due Process: Common law guarantees certain due process rights, such as the right to due process, the right to freedom of speech, and the right to a fair trial.
- Reasonableness: Common law principles are based on reason and precedent.
- Binding Precedent: Decisions in previous cases are binding on future cases involving similar facts.
Major Areas of Common Law:
- Torts: Law of torts includes injuries, defamation, and trespass.
- Contracts: Law of contracts governs the formation and enforcement of contracts.
- Property: Law of property covers ownership, inheritance, and boundaries.
- Criminals: Law of crimes defines crimes and penalties for their violation.
Historical Context:
Common law evolved over centuries through a series of judicial decisions and judicial proceedings. The common law system was transplanted to the American colonies and became the basis of the law in the United States.
Contemporary Significance:
Common law continues to play a significant role in the American legal system. It provides the foundation for many laws and judicial decisions. However, it is constantly evolving as new cases arise and legislatures pass new laws.
