COMMONLAW Meaning and
Definition
-
Common law refers to a legal system that relies on judicial decisions and precedents established by courts rather than relying solely on legislation or written laws. It is a legal framework that has evolved over time through the decisions of judges and is rooted in custom, tradition, and the principles of fairness and justice.
Originating in England, common law is based on the principle of stare decisis, which means that courts are bound to follow the precedents set by previous court decisions. This means that similar cases are decided in a consistent manner, and the rulings of higher courts serve as binding authority for lower courts. The decisions made in these cases become legal principles and help to shape future rulings.
Common law provides a level of flexibility as it allows judges to interpret laws and apply them to specific cases based on their understanding of legal principles and past precedents. This allows the legal system to adapt and evolve as societal norms and values change.
The common law system covers a broad range of legal issues, including criminal law, contract law, tort law, property law, and more. Each area is shaped by the decisions made by judges and the development of legal principles over many years.
Overall, common law embodies a system of law that is based on judicial decisions, legal customs, and principles of fairness and justice, providing consistency, flexibility, and adaptability in the legal system.
Common Misspellings for COMMONLAW
- xommonlaw
- vommonlaw
- fommonlaw
- dommonlaw
- cimmonlaw
- ckmmonlaw
- clmmonlaw
- cpmmonlaw
- c0mmonlaw
- c9mmonlaw
- conmonlaw
- cokmonlaw
- cojmonlaw
- comnonlaw
- comkonlaw
- comjonlaw
- comminlaw
- commknlaw
- commlnlaw
- commpnlaw
Etymology of COMMONLAW
The term "common law" has its etymology rooted in Old English. The word "common" comes from the Old English word "cȫmmon", which meant "belonging to or shared by all". It can be traced further back to the Proto-Germanic word "kamnaz", meaning "common, public". The word "law" has its origins in the Old English word "lȫg", derived from the Proto-Germanic word "laguz", signifying "custom" or "law". Thus, when combined, "common law" refers to a legal system based on customary law developed and applied by judges through judicial decisions, as opposed to legislative statutes.
