AT COMMON LAW Meaning and
Definition
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At common law refers to a term commonly used in legal contexts to denote the principles and rules developed by judges through their decisions in court cases, which form the basis of the English and American legal systems. Derived from customary practices and judicial precedent rather than from written legislation, at common law represents a body of legal principles that have evolved over time.
The term "at common law" is often used to contrast with statutory law, which includes laws passed by legislatures that formally codify legal rules. It implies that a particular legal concept or principle operates based on long-established traditions and judicial opinions, rather than on specific statutes. At common law, judges interpret and apply principles that have been developed and refined by previous court decisions to resolve legal disputes.
The concept of at common law extends to various areas of law, including torts, contracts, and property law, among others. Courts often determine legal rights, obligations, and remedies by considering prior court rulings on similar issues. By relying on the doctrine of stare decisis, which means "to stand by things decided," judges are guided by legal precedents to ensure consistency and predictability in the application of the law.
Overall, at common law signifies the body of legal principles and rules that have been established and developed over time through judicial decision-making, rather than legislation. It represents an important source of law that informs the interpretation and application of legal concepts and offers a foundation for legal analysis and decision-making.
