What is COMMON LAW?

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What does COMMON LAW mean? COMMON LAW meaning - COMMON LAW definition - COMMON LAW explanation. What is the meaning of COMMON LAW? What is the definition of COMMON LAW? What does COMMON LAW stand for? What is COMMON LAW meaning? What is COMMON LAW definition?

common law (also known as case law or precedent) is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases. Common law is a third branch of law, in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch.

A "common law system" is a legal system that gives great precedential weight to common law, so that consistent principles applied to similar facts yield similar outcomes. The body of past common law binds judges that make future decisions, just as any other law does, to ensure consistent treatment. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.

One third of the world's population live in common law jurisdictions or in systems mixed with civil law. Common law originated during the Middle Ages in England, and from there was propagated to the colonies of the British Empire, including India, the United States (both the federal system and 49 of its 50 states), Pakistan, Nigeria, Bangladesh, Canada (and all its provinces except Quebec), Malaysia, Ghana, Australia, Sri Lanka, Hong Kong, Singapore, Burma, Ireland, New Zealand, Papua New Guinea, Jamaica, Trinidad and Tobago, Cyprus, Barbados, South Africa, Zimbabwe, Cameroon, Namibia, Liberia, Sierra Leone, Botswana, Guyana, and Fiji.