Common Law (Sociology)

Law that developed from custom rather than in a written or statutory format, also known as Anglo-American Law. Originally developed by the English courts during the 12th and 13th centuries, common law is also known as case law or judge-made law. If a statute does not exist, judges have the right to develop and formulate law. Laws are based on tradition and earlier judicial precedents. Once a court rules on a particular matter of law, that ruling sets a precedent (other judges will use that decision to guide future cases) for forthcoming cases in the same jurisdiction under the principle of stare decisis. Common law is the basis for many statutory laws, as well as the underlying foundation of vital historical documents such as the Constitution, the Bill of Rights, and the Declaration of Independence. All the states in the United States, with the exception of Louisiana, and all of Canada, with the exception of Quebec, follow common law.