Introduction to Common Law

Introduction to Common Law

• Common law is a system of precedents.
• It's a system where judges use past decisions (precedents) to make decisions in current cases.

Learning Outcomes

• Understand the history of common law.
• Understand how common law is used today.
• Understand how judges apply common law in the UK.

The History

• Before the Norman Conquest, different regions in the UK had their own local customs-based laws.
• In 1066, William the Conqueror created a government in Westminster, London, aiming to standardize laws across England.
• Representatives were sent out to gather information about local laws.
• These representatives acted as judges, creating case law and setting precedents.

The History (Continued)

• These representatives returned to London and developed a standardized law system.
• 'Stare decisis' (let the decision stand) was introduced, meaning similar cases should have the same outcome.
• By 1250, common law principles were established.

The History (Concluded)

• Common law principles continue to evolve and remain flexible.
• The principle of precedent created consistency, enabling accurate practice rules.

Common Law Today

• Modern judges continue interpreting common law and making decisions.
• Higher court decisions set precedents that lower courts must follow in similar cases.
• Case law comprises decisions from higher courts.

Court Structure

• The judiciary has a hierarchical structure.
• The highest court is the Supreme Court.
• Lower courts (e.g., magistrates courts, county courts, High Court of Justice) follow the precedent set by the higher courts in similar cases. Within each system there is a court of appeal. The criminal and civil courts are separate.

Advantages of Case Law

• Certainty: Well-defined rules and consistently applied precedents offer clear guidelines.
• Detailed Practice Rules: Detailed legal procedures emerge from past cases.
• Flexibility: Case law adapts to the needs of society making it flexible.
• Law in Response to Demands: Law develops according to ever-changing needs.

Disadvantages of Case Law

• Complexity and Volume: Case law can be voluminous and difficult to navigate.
• Rigid: Case law can sometimes be seen as rigid or inflexible as it relies on the principle of stare decisis.
• Undemocratic: The creation of law by judges could be perceived as undemocratic.
• Subject to Change: The development of laws based on precedent can be influenced by chance occurrences.

Explore the foundational principles of common law in this quiz. Learn about its historical development from local customs to a standardized legal system in the UK. Understand how judges apply precedents and the significance of 'stare decisis' in legal decisions.