Changes

The common law is the legal system developed in England beginning around 1500, and continued in the United States, whereby legal rules are based on court decisions (precedents) rather than statutes passed by the legislatures.

The common law is the legal system which developed in England from about the 12th century, and continued in former and current British territories and colonies, whereby legal rules are based on court decisions (precedents) rather than statutes passed by the legislatures

Even today in England and the United States judges will apply the common law in the absence of a statute governing a dispute.  All states in the United States use the common law tradition except for Louisiana, which uses the French civil law tradition consisting of countless statutes to govern all potential disputes.

 

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 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.