Common law (also known as case law or precedent) is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases.[2][3] Common law is a third branch of law, in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch.
A "common law system" is a legal system that gives great precedential weight to common law,[4] so that consistent principles applied to similar facts yield similar outcomes.[5] The body of past common law binds judges that make future decisions, just as any other law does, to ensure consistent treatment. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent.[6] Thereafter, the new decision becomes precedent, and will bind future courts. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
One third of the world's population (approximately 2.3 billion people) live in common law jurisdictions or in systems mixed with civil law. Common law originated during the Middle Ages in England,[7] and from there was propagated to the colonies of the British Empire, including India,[8] the United States (both the federal system and 49 of its 50 states), Pakistan,[9] Nigeria, Bangladesh, Canada (and all its provinces except Quebec), Malaysia, Ghana, Australia,[10] Sri Lanka, Hong Kong, Singapore, Burma, Ireland, New Zealand, Jamaica, Trinidad and Tobago, Cyprus, Barbados,[11] South Africa, Zimbabwe, Cameroon, Namibia, Liberia, Sierra Leone, Botswana, Guyana, and Fiji.
common chut (je known je case chut pagh precedent) chut Hach yIlo', bo'DIj, nagh tribunals, pa' decisions nuv DanoHmeH nuv cases nominally wuq 'ach precedential 'angbogh Da pIq cases je addition chavvam Sep je. [2] [3] common chut wejDIch branch Naq neH contrast 'ej equal footing statutes 'ej QuQ bogh adopted vegh mIw legislative regulations 'ej QuQ promulgated pong executive branch jIHMej je.nagh outcomes jegh mub pat Dun ngI' precedential nob common Naq [4] chenchoH nagh ngoD applied consistent principles 'e' "common chut pat". [5] noH 'ej QuQ San pIq decisions, lubaghDI' porgh chut common jIvumlI' neH Hoch Qu' latlh chut, consistent treatment lulIngmeH. qaStaHvIS cases nuqDaq Qoch nuq pabbogh ghom, 'eH common chut bo'DIj jIvumlI' precedential decisions relevant je. vaj resolved nagh ghoH neH qa' jIH, roD lubaghDI' bo'DIj vay' reasoning lo' neH prior decision (Sov principle je stare decisis). vaj 'e' ghoH Qu'mey potlh fundamentally distinct vo' Hoch previous cases (pong "qelDI' wa'DIch impression") 'avrIqa bo'DIj, woQ Qu' chut chenmoH pong precedent chenmoH je yIlo'. [6] thereafter, decision chu' moj precedent 'ej pIq bo'DIj lubaghDI'. nep stare decisis, principle 'e' vaj wuq cases according to consistent che' principled vaj 'e' nagh ghot'e', jegh nagh ngoD DeSDu' pat common chut Hoch tIq.DuD wa' wejDIch qo' roghvaH (approximately 2.3 500 000 000 nuvpu') Durgh le vIraknIl neH common chut teblaw' ngaghwI' pat je civil chut. propagated common chut during botlh ages De', [7] neH 'ej pagh originated wo' british, barat, [8] DaH nobvam mID (batlhchaj pat federal je 50 Sep 49) Sep SuvwI' united, pakistan, [9] nigeria, bangladesh, qa'naDa' ('ej Hoch provinces jIQongqa'laHbe' quebec), malaysia, ghana, 'aSralya', lanka sri [10], Hong kong, singapore, burma, ireland, nu'SIylan , jamaica, trinidad je tobago, cyprus, barbados, africa south [11], zimbabwe, cameroon, namibia, liberia, sierra leone, botswana, guyana, 'ej fiji.
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