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3. What is common law?

Ask by Carroll Schmidt. in the United States
Feb 04,2025

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Common law is a legal system based on judicial decisions and precedents, using an adversarial approach to resolve disputes and adapt to changing times through ongoing court rulings.

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Common law originated in England during the Middle Ages. It developed through the decisions of judges in individual cases, which created a body of precedents that guided future cases. This system allowed for more uniformity in the law across different regions, as opposed to the varied local laws that existed before. Today, common law is foundational in many legal systems, particularly in countries like the United States, Canada, and Australia, where statutes and judicial decisions work in tandem. In real-world terms, common law influences various aspects of daily life, from contractual agreements to torts (personal injury cases). For instance, if you're involved in a car accident, the laws governing negligence might draw on centuries of common law principles. This legal framework helps ensure consistency while allowing for adaptation and interpretation in different contexts, making it essential for lawyers and everyday citizens alike to understand.

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