Common law是什麼意思

Common law, also known as case law or judge-made law, is a legal system that relies on a body of precedent, or previous judicial decisions, to determine the outcome of similar cases. It is one of the two major legal traditions in the world, the other being civil law.

In a common law system, judges play a significant role in developing and interpreting the law. When a judge hears a case, they will consider previous decisions made by higher courts in similar cases, as well as any relevant statutes or laws. The judge's decision in the current case may be based on the application of these precedents to the facts of the case.

Common law systems are found in many countries, including the United Kingdom, the United States, Canada, Australia, and many other Commonwealth countries. In these jurisdictions, the law is constantly evolving as new cases are decided and new precedents are set.

One of the key features of common law is the doctrine of stare decisis, which means "let the decision stand." This doctrine requires that lower courts follow the decisions of higher courts within the same jurisdiction. For example, a district court in the United States would be bound by the decisions of the federal circuit court of appeals and the Supreme Court.

Common law is often contrasted with civil law, which is a system that relies on a comprehensive set of laws, usually codified in a single statute or set of statutes. In a civil law system, judges are bound by these codes and are not as free to interpret the law as judges in a common law system.