Legal Definitions - common law

Common law refers to a body of law that develops from judicial decisions made by judges in courts, rather than from laws passed by legislative bodies (which are called statutes). It is built upon the principle of stare decisis, meaning "to stand by things decided," where courts are generally bound by precedents set in previous similar cases. This system allows the law to evolve and adapt over time as new cases are decided and existing principles are interpreted or refined.

While many common law principles originated in England and were adopted by American courts, the U.S. legal system has developed its own extensive body of common law. Legislatures often later codify (turn into written statutes) these common law rules, sometimes modifying or expanding upon them.

• Example 1: The Elements of Negligence

  Imagine a situation where a customer slips on a wet floor in a grocery store and is injured. The legal concept of negligence, which determines if the store is responsible for the customer's injury, is largely a product of common law. Courts, over many years and countless cases, have established the four key elements a plaintiff must prove: that the store owed a duty of care to the customer, that the store breached that duty (e.g., by not cleaning up the spill promptly), that this breach caused the customer's injury, and that the customer suffered actual damages. There isn't one single statute that comprehensively defines all these elements; instead, they have been shaped and refined by judicial decisions.

  How it illustrates common law: The specific requirements for proving negligence, such as what constitutes a "reasonable" duty of care or how to establish causation, have been developed and clarified by judges through their rulings in individual cases, creating a consistent framework that future courts follow.

• Example 2: Adverse Possession

  Consider a scenario where a person has openly and continuously occupied a piece of land belonging to someone else for a very long period (often 10-20 years, depending on the state), treating it as their own, paying taxes, and making improvements, without the true owner's permission. Under the common law doctrine of adverse possession, that person might eventually gain legal title to the land. This doctrine arose from ancient customs and was formalized by courts to ensure productive use of land and to settle long-standing property disputes.

  How it illustrates common law: Adverse possession is a classic example of a property right created not by a legislative act, but by judicial recognition of long-standing factual circumstances and societal interests in clear property ownership, evolving through numerous court cases over centuries.

• Example 3: The "Attractive Nuisance" Doctrine

  Suppose a homeowner has an unfenced swimming pool in their backyard, and a curious child from a neighboring property wanders in and drowns. While a general trespasser might not be owed a high duty of care, common law developed the "attractive nuisance" doctrine. This rule holds landowners responsible for injuries to trespassing children if the landowner maintained a hazardous condition on their property that was likely to attract children (like a pool, trampoline, or abandoned car), and they failed to take reasonable steps to protect those children.

  How it illustrates common law: This specific legal principle, designed to protect children from dangerous conditions on private property, was not initially created by a legislature. Instead, it emerged from a series of court decisions that recognized the unique vulnerability of children and imposed a higher duty on landowners in such circumstances, demonstrating how judges adapt legal principles to address societal concerns.