Common law

Common law – this term refers to the Judge-made law; Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years within a concrete jurisdiction. Because it is not written by elected Parliament but, rather, by judges, it is also referred to as “unwritten” law. Judges pursue and use these permanent legal principles out when trying a case and apply the precedents to the facts to come up with a right an fair judgement. Common law is often contrasted with Civil Law systems which require all laws to be written in a code, act or written collection, accepted by the Parliament. Common law has been referred to as the “common sense of the community, crystallized and formulated by our ancestors”. It is certainly common to speak of the “Common law” to refer to the entire body of English law, including Common Law and Equity Law.

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