Why is Common Law important?
Common law is also known as case law; referred to as a precedent. If a past situation is resolved, the courts are bound to follow the prior decisions, unless the judge finds a distinct difference between the past and present cases.
When judges make new decisions based on case differences, it becomes a new precedent to be followed in the future on similar cases. In these cases the precedent is made by the judge based on the differences identified during trial, instead of legislative statues.
Common law carries the same regulatory significance as legislative statues, particularly where there is no legislative statue authority in existence. One of the characteristics of common law is that it evolves as society changes, making it more flexible than statutory laws. These changes in society allow common law to be reinterpreted without legislative intervention.
Common law is permitted to revise since the progress occurs through a series of gradual steps, with each step providing details to justify or defend the modification. The time process is remains lengthy but accepts change without upsetting the process of law.
The basic purpose of common law is to establish the facts, locate related statues and past cases that pertain. In most states, statues do not preside over basic laws of contracts, torts or properties.
Common law is the governing body used in tort law for cases meant to compensate for wrongful acts, whether the acts are intentional of caused by negligence. Property controversies are also governed by common law. The common law courts were established to protect our property rights, intending to make it difficult to take property from someone without due process of law.
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