Legal Definitions - American common law

American common law refers to the body of law in the United States that has been developed primarily by judges through their decisions in individual court cases, rather than by legislative bodies enacting statutes. It is characterized by the principle of stare decisis, a Latin phrase meaning "to stand by things decided." This means that judges are generally expected to follow precedents set by previous court rulings in similar cases, ensuring consistency and predictability in the legal system.

While many areas of law have been codified into statutes by legislatures, common law principles continue to influence judicial interpretation and decision-making. It forms the foundational legal framework for many areas, including contracts, property, and torts (civil wrongs), and it allows the law to evolve incrementally as new situations arise and judges interpret existing principles.

Here are some examples illustrating American common law:

• Example 1: Defining Negligence in a Personal Injury Case

  Imagine a situation where a person slips on a wet floor in a restaurant and suffers an injury. While there might not be a specific statute that dictates every detail of a restaurant's responsibility for wet floors, the concept of "negligence" is largely a product of common law. Judges, over centuries, have developed and refined the elements of negligence: that a party owed a duty of care, breached that duty, and that the breach directly caused harm.

  How it illustrates American common law: When a judge hears this slip-and-fall case, they will refer to past court decisions (precedents) that have established what constitutes a "reasonable standard of care" for a business owner and what actions might be considered a "breach" of that duty. The judge isn't just applying a written law from a legislature; they are applying principles and definitions that have been shaped and clarified by generations of judicial rulings.

• Example 2: Interpreting Contract Formation Without Specific Statutes

  Consider two individuals who have a verbal agreement to buy and sell a unique antique, but they never put anything in writing. Later, a dispute arises about whether a binding contract was actually formed. While some aspects of contract law are codified, many fundamental principles—such as what constitutes a valid "offer," "acceptance," and "consideration" (the exchange of value)—were established and refined through common law.

  How it illustrates American common law: A judge presiding over this dispute would look to common law principles and past court decisions to determine if the verbal communications between the parties met the established requirements for a legally enforceable contract. They would analyze whether there was a clear offer, an unequivocal acceptance, and an exchange of something of value, all based on judicial interpretations developed over time, rather than solely relying on a specific statute that details every possible scenario of contract formation.

• Example 3: Establishing Property Rights Through Long-Term Use (Easements)

  Suppose a homeowner has consistently used a specific path across their neighbor's undeveloped land for over 20 years to access a public park, with the neighbor's knowledge but without a formal written agreement. If the neighbor suddenly tries to block the path, the homeowner might claim a "prescriptive easement."

  How it illustrates American common law: The concept of a "prescriptive easement"—a right to use another's property acquired through long-term, open, and continuous use—is a creation of common law. There isn't typically a specific statute that details all the conditions for such an easement. Instead, judges, through their rulings in various property disputes over centuries, developed the criteria (e.g., specific duration of use, open and notorious use, adverse to the owner's rights) that must be met to establish such a right. The court would apply these judge-made rules to determine if the homeowner has a legal right to continue using the path.