Jessica is a practicing attorney and has taught law and has a J.D. and LL.M.
What Is Common Law? - Definition & Examples
Table of Contents
- Definition of Common Law
- Stare Decisis and Common Law
- Examples of Common Law
- Lesson Summary
- Learning Outcomes
Common law is a type of law that is established by particular cases, as compared to law that uses statutes as its guide. If a statute (or formal written law) is followed in a case, a judge will make his or her decision based on an interpretation of that statute. However, in common law, judges determine a case based upon the particular facts and circumstances in the dispute. Moreover, the judge can look to prior decisions when making a determination. These prior decisions are called precedent.
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In common law, there is a doctrine, which is relied upon by common law attorneys trying to prove their cases. Stare decisis is the name of this doctrine. Under stare decisis, a common law judge must look to prior decisions that are similar and base their decisions on the precedent. If a judge fails to follow prior decisions in a similar matter, the judge's decision is likely to be overturned later on in the legal process.
Conversely, when cases do not have any precedent, it is called a case of first impression. In these instances, a judge must look to related laws, as well as the particular facts and circumstances, in order to make a decision. As a result, the doctrine of stare decisis will not apply to a case of first impression.
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Imagine that you bring a case to court based upon injuries you sustained from a car accident. You are suing the driver who was intoxicated when the accident happened. The judge, in adherence to common law, must decide whether the party is liable for your damages from the accident. He will rely upon the arguments and statements made during the case, as well as use prior decisions whenever necessary to interpret any legal matters that come up.
For instance, let's say that during the case, there is evidence that the driver had five prior driving-while-intoxicated convictions. Of course, you would want to add that to evidence to your case for the court to consider. However, the driver's attorney does not want anyone to know this evidence. In such a case, the judge will have to review the matter and make a decision. In doing this, the judge will likely look to other similar cases in the state for guidance.
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Common law governs the United States legal system whenever statutory law does not apply. This type of law involves the review of the entire case, taking into account every detail and fact, as opposed to simply looking to the language of the law in a statutory matter. Common law is a type of law that is established by particular cases, as compared to law that uses statutes as its guide, and is built upon looking at prior cases to inform the judge's decision. These prior decisions are called precedent.
Under stare decisis, a common law judge must look to prior decisions that are similar and base their decisions on the precedent. When cases do not have any precedent, it is called a case of first impression.
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When you are done, you should be able to:
- Summarize the concept of common law
- Explain how common law functions in court cases
- Describe the stare decisis doctrine
- Define precedent and first impression as they relate to court cases
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