lawdepot.com has been visited by 100K+ users in the past month
Create a Custom Loan Contract to Ensure Payment Within a Specified Period. High-Quality, Reliable Legal Solutions Developed by Lawyers. Create on Any Device.
- Vehicle Term Loan
Document the Details of Your Loan.
Outline Your Repayment Conditions.
- Private Lending Form
Step-by-Step Process to Create
Your Loan Agreement Online.
- Real Estate Loan Contract
Outline the Terms of Your
Residential Property Loan.
- Note Payable
Specify Your Payment Terms with
a More Detailed Payment Schedule.
- Vehicle Term Loan
learn.financestrategists.com has been visited by 10K+ users in the past month
Common Law Definition. Learn From Thousands of Free Online Videos and Resources. Master The Fundamentals of Finance With Finance Strategists. View Our Resources Here.
legalcontracts.com has been visited by 10K+ users in the past month
Make a Legally Binding Loan Agreement Common Law to Fit Your Needs. Get Access to Professional Legal Contracts for Your Unique Needs.
Search results
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the ...
- Overview
- The origin of the common law
- GeneratedCaptionsTabForHeroSec
common law, the body of customary law, based upon judicial decisions and embodied in reports of decided cases, that has been administered by the common-law courts of England since the Middle Ages. From it has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth (formerly the Briti...
The English common law originated in the early Middle Ages in the King’s Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. Like many other early legal systems, it did not originally consist of substantive rights but rather of procedural remedies. The working out of these remedies has, over time, produced the modern system in which rights are seen as primary over procedure. Until the late 19th century, English common law continued to be developed primarily by judges rather than legislators.
The common law of England was largely created in the period after the Norman Conquest of 1066. The Anglo-Saxons, especially after the accession of Alfred the Great (871), had developed a body of rules resembling those being used by the Germanic peoples of northern Europe. Local customs governed most matters, while the church played a large part in government. Crimes were treated as wrongs for which compensation was made to the victim.
The Norman Conquest did not bring an immediate end to Anglo-Saxon law, but a period of colonial rule by the mainly Norman conquerors produced change. Land was allocated to feudal vassals of the king, many of whom had joined the conquest with this reward in mind. Serious wrongs were regarded mainly as public crimes rather than as personal matters, and the perpetrators were punished by death and forfeiture of property. The requirement that, in cases of sudden death, the local community should identify the body as English (“presentment of Englishry”)—and, therefore, of little account—or face heavy fines reveals a state of unrest between the Norman conquerors and their English subjects. Government was centralized, a bureaucracy built up, and written records maintained. Controversy exists regarding the extent to which the efficient government of the Anglo-Norman realm was due to the legacy of Anglo-Saxon institutions or to the ruthlessness of the Norman invaders. Elements of the Anglo-Saxon system that survived were the jury, ordeals (trials by physical test or combat), the practice of outlawry (putting a person beyond the protection of the law), and writs (orders requiring a person to appear before a court; see below The development of a centralized judiciary). Important consolidation occurred during the reign of Henry II (1154–89). Royal officials roamed the country, inquiring about the administration of justice. Church and state were separate and had their own law and court systems. This led to centuries of rivalry over jurisdiction, especially since appeals from church courts, before the Reformation, could be taken to Rome.
The Normans spoke French and had developed a customary law in Normandy. They had no professional lawyers or judges; instead, literate clergymen acted as administrators. Some of the clergy were familiar with Roman law and the canon law of the Christian church, which was developed in the universities of the 12th century. Canon law was applied in the English church courts, but the revived Roman law was less influential in England than elsewhere, despite Norman dominance in government. This was due largely to the early sophistication of the Anglo-Norman system. Norman custom was not simply transplanted to England; upon its arrival, a new body of rules, based on local conditions, emerged.
Common law is a system of law based on judicial decisions and custom, originating in England and influencing many countries. Learn about its origins, development, contrast with civil law and equity, and notable cases and concepts.
Oct 15, 2015 · Learn what common law is, how it differs from civil statutory law, and how it is applied in the United States. Find out the history, origin, and examples of common law, and how it affects legal concepts and outcomes.
Nov 15, 2022 · The simplest definition for common law is that it’s a “body of law” based on court decisions rather than codes or statutes. But in reality, common law is often more complicated than that. At the center of common law is a legal principle known as stare decisis, which is a Latin phrase that roughly means “to stand by things decided.”
Feb 12, 2024 · Common law is a system of unwritten laws based on court decisions and legal precedents. Learn how common law works, how it differs from civil law, and what are some examples of common law in the U.S. and abroad.
Jan 23, 2013 · Learn what Common Law is, how it differs from other types of law, and why it has no legal significance for common-law relationships in England and Wales. Find out the rights and benefits of civil partnerships and the difference between them and common law.
Quick Reference. 1 The part of English law based on rules developed by the royal courts during the first three centuries after the Norman Conquest (1066) as a system applicable to the whole country, as opposed to local customs.
