Common Law

Common law is a body of law created by judges and similar quasi-judicial tribunals by means of decisions in specific cases rather than by statutes. Common law is distinguished from civil law, which is created by legislatures. Common law is a set of legal principles that have been developed over centuries through the decisions of judges in common law jurisdictions. These principles are based on the idea of precedent, which means that judges are bound to follow the decisions of previous judges in similar cases. Precedents are created when a court issues a decision that sets a new rule of law. This rule of law is then binding on all lower courts in the same jurisdiction. As a result, common law is constantly evolving as new precedents are created.

Origins of Common Law

The origins of common law can be traced back to the early English courts. In the 11th and 12th centuries, the English courts began to develop a body of law that was based on the customs and practices of the people. This law was not created by the legislature, but rather by the judges who decided cases.

Common Law in the United States

The United States adopted the common law system after it gained independence from Great Britain. The common law was brought to the United States by the English colonists, and it has been used in the United States ever since. Today, the common law is used in all 50 states, as well as in the District of Columbia and Puerto Rico. The common law is also used in many other countries around the world, including Canada, Australia, and New Zealand.

Sources of Common Law

The common law is based on three main sources:

1. Statutes: Statutes are laws that are passed by legislatures. Statutes can create new rules of law or change existing rules of law.
2. Case law: Case law is the body of law that is created by judges when they decide cases. Case law is based on the principle of precedent, which means that judges are bound to follow the decisions of previous judges in similar cases.
3. Legal treatises: Legal treatises are books that are written by legal scholars. Legal treatises can provide guidance to judges on how to interpret statutes and case law.

Advantages of Common Law

The common law system has a number of advantages over the civil law system.

• Flexibility: The common law system is very flexible. Judges are free to create new rules of law to meet the needs of changing circumstances.
• Adaptability: The common law system is very adaptable. It can be applied to a wide variety of cases, and it can be modified to meet the needs of different jurisdictions.
• Predictability: The principle of precedent makes the common law system very predictable. Lawyers and judges can predict how a court will rule in a particular case based on the decisions of previous courts in similar cases.

Disadvantages of Common Law

The common law system also has some disadvantages.

• Complexity: The common law system is very complex. It can be difficult for lawyers and judges to keep up with the latest changes in the law.
• Uncertainty: The principle of precedent can lead to uncertainty in the law. In some cases, there may be no clear precedent for a particular case, and judges may have to make a decision based on their own interpretation of the law.
• Inflexibility: The common law system can be inflexible. Courts are bound to follow the decisions of previous courts, even if they believe that those decisions are wrong.

Careers in Common Law

There are a number of careers in common law, including:

• Lawyer: Lawyers represent clients in court and provide legal advice.
• Judge: Judges preside over trials and make decisions on legal issues.
• Legal scholar: Legal scholars write books and articles about the law, and they teach law at universities.

Online Courses in Common Law

There are a number of online courses that can help you learn about common law. These courses can provide you with a basic understanding of the common law system, or they can help you to specialize in a particular area of common law.

Online courses offer a number of advantages over traditional classroom courses. Online courses are:

• Flexible: Online courses allow you to learn at your own pace and on your own schedule.
• Accessible: Online courses are available to anyone with an internet connection.
• Affordable: Online courses are often more affordable than traditional classroom courses.

If you are interested in learning more about common law, online courses can be a great option.

Conclusion

Common law is a complex and ever-evolving body of law. It is based on the principle of precedent, and it is used in all 50 states, as well as in the District of Columbia and Puerto Rico. Common law has a number of advantages over the civil law system, including its flexibility, adaptability, and predictability. However, common law also has some disadvantages, including its complexity, uncertainty, and inflexibility. There are a number of careers in common law, and online courses can be a great way to learn more about this fascinating topic.