Common law
In common law
legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, common law judges have the authority and duty to "make" law by creating precedent. The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an "ideal" common law court looks to past
precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as
stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "
matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis.
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Common law
Common Law
Common law
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Common law