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Common Law: What It Is, How It's Used, and How It Differs From Civil Law
What Is Common Law?
Common law is a body of unwritten laws based on legal precedents established by the courts.
Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.
What is a common law spouse entitled to
The U.S. common-law system evolved from a British tradition that spread to North America during the 17th- and 18th-century colonial period. Common law is also practiced in Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom.
Key Takeaways
- Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts.
- Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries.
- Common laws sometimes prove the inspiration for new legislation to be enacted.
Understanding Common Law
A precedent, known as stare decisis, is a history of judicial decisions which form the basis of evaluation for future cases.
Common law
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