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  2. Common law - Wikipedia

    en.wikipedia.org/wiki/Common_law

    Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]

  3. Federal common law - Wikipedia

    en.wikipedia.org/wiki/Federal_common_law

    Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. Ever since Louis Brandeis , writing for the Supreme Court of the United States in Erie Railroad v.

  4. Case law - Wikipedia

    en.wikipedia.org/wiki/Case_law

    The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.

  5. List of national legal systems - Wikipedia

    en.wikipedia.org/wiki/List_of_national_legal_systems

    Based on English common law, except in Quebec, where a civil law system based on French law prevails in most matters of a civil nature, such as obligations (contract and delict), property law, family law, and private matters. Federal statutes take into account the juridical nature of Canada and use both common law and civil law terms where ...

  6. Seventh Amendment to the United States Constitution

    en.wikipedia.org/wiki/Seventh_Amendment_to_the...

    The Preservation Clause ("In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved") sets out the types of cases juries are required to decide, while the Re-examination Clause ("[N]o fact tried by a jury, shall be otherwise re-examined in any Court of the United States ...

  7. English law - Wikipedia

    en.wikipedia.org/wiki/English_law

    Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. [6] [b] Not being a civil law system, it has no comprehensive codification.

  8. Mechanisms of the English common law - Wikipedia

    en.wikipedia.org/wiki/Mechanisms_of_the_English...

    Thus, common law is declaratory, and this is often retrospective in effect. For example, see Shaw v DPP [1] and R v Knuller. [2] In the search for justice and fairness, there is a tension between the needs for, on one hand, predictability and stability, and "up-to date law", on the other. [3] There is a hierarchy of courts, and a hierarchy of ...

  9. Legal origins theory - Wikipedia

    en.wikipedia.org/wiki/Legal_origins_theory

    While English common law originated in thirteenth century England and has then been transplanted through colonization and occupation to England’s ex-colonies (United States, Canada, Australia, and several countries in Central America, Africa and Asia), the Scandinavian common law was developed in Denmark and Sweden and the German common law sprang in Germany and Switzerland.