20 - Common Law

Question 1

Historically the term for Common Law…

Answer 1

Common Law was historically the term used by Royal Courts for Laws and Customs which emerged after the Norman Conquest.

These replaced the local laws and customs which formerly applied.

As the decisions of the new local courts began to be recorded and published, so the custom evolved that former decisions would be cited in the courts and deemed to be a persuasive and binding authority.

Within this system, common law has developed to use the decisions of superior courts to become a source of law in their own right

In order to establish what the law of a district was, the traditional practice of trial by a jury of local people was revived.

As the decisions of the new local courts began to be recorded and published, so the custom evolved that former decisions would be cited in the courts and deemed to be a credible and necessary authority.

Within this system, common law has developed to use the decisions of superior courts to become a source of law in their own right.