Common Law - American Definition

The common law is the legal system which developed in England from the reign of Henry II in the 12th century and continues there and in former and current British territories and colonies. It is a system whereby legal rules are based on court decisions (precedents) rather than statutes passed by the legislatures. It was referred to as the common law because it was (and remains) common to all of England. The United States (except for Louisiana) and the United Kingdom are two prominent countries that have a common law legal system. The ICJ also uses common law.

The term is used to denote three distinct concepts:

1. Common law as opposed to statute law. That is, the law of precedent as opposed to the law expressed in legislation. In the common law countries judges will apply the common law in the absence of a statute governing a particular matter in issue.

2. Common law as opposed to Civil Law. That is, the common law legal system as opposed to the legal system adopted by most of continental Europe.

3. Common law as opposed to equity. That is, the law that applied in the former common law courts as opposed to that which applied in the former Court of Chancery. In England, the Judicature Act 1873 created a new system which gave the courts both legal (common law) and equitable jurisdiction.