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Common law initially originated from judicial decisions that were based on traditions, customs and precedent. Such legal
institutions and culture mirror those that have existed historically in continental Europe and other societies where stare
decisis and custom have played ,at times, a major role in the legal process, including Germanic law recorded in Roman
historical chronicles. The form of reasoning used in common law is known as case-based reasoning. The common law, as
applied in civil cases (as distinct from criminal cases), was meant for compensating someone for wrongful acts known as
torts, which included both intentional torts and unintentional torts that were caused by negligence, and as developing
the body of law recognizing and regulating contracts. Another development of common law is the adversarial system
which is the procedure practised in common law courts . Stare decisis As mentioned above, Henry II developed the
practice of sending judges from his own central court to hear the various diputes throughout the country. His judges
would resolve disputes on an ad hoc basis as per their understanding of the prevalent customs. The king's judges would
then return to London and often discuss their cases and the verdicts with other judges.A record of these decisions was
made. Meanwhile, a rule, known by the name stare decisis (also commonly known as precedent) developed. According
to stare decisis, a judge is bound to follow the decisions of an earlier judge and also to adopt the earlier’s judge’s
interpretation of the law provided that the facts of the two cases were similar. But there was a major issue with this
system of precedent. Decisions 'stuck' and became ossified, and so the pre-Norman system of local customs and
traditions was replaced by an elaborate and consistent system of laws that was common throughout the whole nation ,
hence it was called 'common law'. Henry II created a powerful and unified court system but this system curbed the
power of canonical (church) courts to a certain extent and brought him (and England) against the church, most
famously, Thomas Becket, the Archbishop of Canterbury. These conflict ended in Henry’s favour when four of his
knights, hoping to curry favor with him, murdered Becket in Canterbury Cathedral. The church then canonized Becket as
a saint on its part.Thus, judicially developed “common law” was the uniform authority in English legal history before the
power to make laws was given to the parliament. As early as the fifteenth century, it became the practice that litigants
would petition the King in person when they felt that they had been cheated by the common-law system. For example,
the plaintiff might argue that an award of damages (at common law) was not sufficient redress for a trespasser
occupying their land, and instead request the king to either increase the amount or to evict the trespasser. From this,
the system of equity developed whch was administered by the Lord Chancellor, in the courts of chancery. By their
nature, equity and law frequently confronted each other and litigation would continue for years as one court revoked the
orders of the other, even though it was established by the seventeenth century that equity should prevail. A well known
example is the fictional case of Jarndyce and Jarndyce in Bleak House, by Charles Dickens. In England, courts of law and
equity were combined by the Judicature Acts of 1873 and 1875 and it was decided that equity would prevail over law in
case of conflict. In the United States, systems of law (providing money damages) ran parallel to equity (fashioning a
remedy to fit the situation, including injunctive relief) and survived well into the twentieth century in many jurisdictions.
The United States federal courts procedurally separated law from equity until they were integrated by the Federal Rules
of Civil Procedure in 1938—the same judges could hear either kind of case, but a given case could only pursue causes in
law or in equity, under two separate sets of procedural rules. This became problematic when a given case required both
monetary damages and injunctive relief. Delaware still has separate courts of law and equity, and in many states there
are separate divisions for law and equity within one court. A modern appellate court for civil cases in the High Court was
established in 1830 but was later replaced in 1875 by a Court of Appeal consisting of special appellate judges. In 1907 a
Court of Criminal Appeal was set up, but it was merged into the Court of Appeal in 1966. The work of divisional court is
to hear appeals from magistrates on points of law. A final appeal, subject to certain conditions, can be made to the
Supreme Court, which substituted the House of Lords as a court of final resort by the Constitutional Reform Act 2005.
Key Featues What makes the common law so fascinating, compared to Parliamentary law (statute or legislation), is that
unlike parliamentary laws which are written in a definitive, distinct, formal, and accessible document, known as an Act of
Parliament, common laws are not strictly written definitively anywhere. Thus, in order to identify a rule of the common
law, one must review the various relevant decisions of judges and interpret their judgments, which can often be lengthy
and ambiguous. Fortunately, there are a number of excellent legal text books written by experts which explain ,in a lucid
way, what the common law is understood to be at the time. Features of common law system are as follows: • A written
constituion or codified laws are not always present. • Judicial decisions are binding – decisions of the highest court can
generally only be overturned by that same court or through legislation. • Extensive freedom of contract - few provisions
are implied into the contract by law (although provisions seeking to protect private consumers may be implied);
Generally, everything is permitted that is not expressly prohibited by law. A common law system is less authoritative
than a civil law system. A government may therefore enshrine protections of its citizens in specific legislation related to
the infrastructure program being planned. For example, it may wish to prevent the service provider from cutting off the
water or electricity supply of defaulters or may require that documents related to the transaction be disclosed under a
freedom of information act. There may also be legal requirements to imply into a contract in equal bargaining provisions
where bargaining power of one party is stronger than the other. PRESENT DAY SCENARIO The common law constitutes
the basis of the legal systems of Australia, Bangladesh, Canada, Trinidad and Tobago, Ghana, Hong Kong, India,
Philippines, Singapore, and many other generally English-speaking countries or Commonwealth countries (except the
UK's Scotland and Malta). Essentially, every country which was colonised at some time by England, Great Britain, or the
United Kingdom uses common law except those that were formerly colonised by other nations, such as Quebec (which
follows the bijuridicial law or civil code of France in part), South Africa and Sri Lanka (which follow Roman Dutch law),
where the prior civil law system was retained to respect the civil rights of the local colonists. Guyana and Saint Lucia
have mixed Common Law and Civil Law systems. Power of judicial precedents is derived from the doctrine of stare
decisis. For example, that the previous decisions of the highest court in the jurisdiction are binding on all the lower
courts. However, different conditions soon make most decisions inapplicable except as a basis for analogy, and a court
must therefore often look to the judicial experience of the rest of the English-speaking world. This provides a more
flexible system. Nevertheless, there are times, the courts have failed to keep pace with social developments and it has
become necessary to legislate to bring about the required changes. Indeed, in recent years statutes have superseded
much of common law, prominently in the fields of commercial, administrative, and criminal law. Typically, however, in
statutory interpretation the courts have taken recourse to the doctrines of common law. Thus increased legislation has
limited judicial supremacy to a certain extent but not ended it. Conclusion Finally, we could see how common law
evolved in Europe and America and later it spread to other parts of the world, especially in Asia. Common law laid the
foundation of many legal systems of the world and therefore served as a great impetus for the development of legal
structures of many countries especially in India. Each coin has two sides and common law is not an exception. Though
common law had some defects but when its contributions are taken into account, the flaws stand nowhere. The legal
system which was initially promoted by the British Empire to the globe, is now prevalent worldwide. Approximately one
third of the world’s population lives in common law jurisdiction or in civil war blended structures, including the United
Kingdom, India, the United, Pakistan, Nigeria, Bangladesh, Canada, Fiji, etc. The advantage of the English common law is
that, rather than being dependent on an inflexible process of legislative intervention, judges adapt by applying existing
principles to address new challenges as they arise. It can therefore provide the certainty and predictability that global
business demands and is capable to adapt and deal with fast changing technologies

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Sentence wise detail:

Common law initially originated from judicial decisions that were based on traditions, customs and precedent.
Such legal institutions and culture mirror those that have existed historically in continental Europe and other societies
where stare decisis and custom have played ,at times, a major role in the legal process, including Germanic law
recorded in Roman historical chronicles.
The form of reasoning used in common law is known as case-based reasoning.
The common law, as applied in civil cases (as distinct from criminal cases), was meant for compensating someone for
wrongful acts known as torts, which included both intentional torts and unintentional torts that were caused by
negligence, and as developing the body of law recognizing and regulating contracts.
Another development of common law is the adversarial system which is the procedure practised in common law courts .
Stare decisis As mentioned above, Henry II developed the practice of sending judges from his own central court to hear
the various diputes throughout the country.
His judges would resolve disputes on an ad hoc basis as per their understanding of the prevalent customs.
The kings judges would then return to London and often discuss their cases and the verdicts with other judges.
A record of these decisions was made.
Meanwhile, a rule, known by the name stare decisis (also commonly known as precedent) developed.
According to stare decisis, a judge is bound to follow the decisions of an earlier judge and also to adopt the earlier’s
judge’s interpretation of the law provided that the facts of the two cases were similar.
But there was a major issue with this system of precedent.
Decisions 'stuck' and became ossified, and so the pre-Norman system of local customs and traditions was
replaced by an elaborate and consistent system of laws that was common throughout the whole nation , hence it was
called 'common law'.
Henry II created a powerful and unified court system but this system curbed the power of canonical (church) courts to a
certain extent and brought him (and England) against the church, most famously, Thomas Becket, the Archbishop of
Canterbury.
These conflict ended in Henry’s favour when four of his knights, hoping to curry favor with him, murdered Becket in
Canterbury Cathedral.
The church then canonized Becket as a saint on its part.
Thus, judicially developed “common law” was the uniform authority in English legal history before the power to make
laws was given to the parliament.
As early as the fifteenth century, it became the practice that litigants would petition the King in person when they felt
that they had been cheated by the common-law system.
For example, the plaintiff might argue that an award of damages (at common law) was not sufficient redress for a
trespasser occupying their land, and instead request the king to either increase the amount or to evict the trespasser.
From this, the system of equity developed whch was administered by the Lord Chancellor, in the courts of chancery.
By their nature, equity and law frequently confronted each other and litigation would continue for years as one court
revoked the orders of the other, even though it was established by the seventeenth century that equity should prevail.
A well known example is the fictional case of Jarndyce and Jarndyce in Bleak House, by Charles Dickens.
In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875 and it was decided that
equity would prevail over law in case of conflict.
In the United States, systems of law (providing money damages) ran parallel to equity (fashioning a remedy to fit the
situation, including injunctive relief) and survived well into the twentieth century in many jurisdictions.
The United States federal courts procedurally separated law from equity until they were integrated by the Federal Rules
of Civil Procedure in 1938—the same judges could hear either kind of case, but a given case could only pursue causes in
law or in equity, under two separate sets of procedural rules.
This became problematic when a given case required both monetary damages and injunctive relief. Delaware still has
separate courts of law and equity, and in many states there are separate divisions for law and equity within one court.
(0)
A modern appellate court for civil cases in the High Court was established in 1830 but was later replaced in 1875 by a
Court of Appeal consisting of special appellate judges.
In 1907 a Court of Criminal Appeal was set up, but it was merged into the Court of Appeal in 1966.
The work of divisional court is to hear appeals from magistrates on points of law.
A final appeal, subject to certain conditions, can be made to the Supreme Court, which substituted the House of Lords as
a court of final resort by the Constitutional Reform Act 2005.
Key Featues What makes the common law so fascinating, compared to Parliamentary law (statute or legislation), is that
unlike parliamentary laws which are written in a definitive, distinct, formal, and accessible document, known as an Act of
Parliament, common laws are not strictly written definitively anywhere.
Thus, in order to identify a rule of the common law, one must review the various relevant decisions of judges and
interpret their judgments, which can often be lengthy and ambiguous.
Fortunately, there are a number of excellent legal text books written by experts which explain ,in a lucid way, what the
common law is understood to be at the time.
Features of common law system are as follows: • A written constituion or codified laws are not always present.
• Judicial decisions are binding – decisions of the highest court can generally only be overturned by that same court or
through legislation.
• Extensive freedom of contract - few provisions are implied into the contract by law (although provisions seeking to
protect private consumers may be implied); Generally, everything is permitted that is not expressly prohibited by law.
A common law system is less authoritative than a civil law system.
A government may therefore enshrine protections of its citizens in specific legislation related to the infrastructure
program being planned.
For example, it may wish to prevent the service provider from cutting off the water or electricity supply of defaulters or
may require that documents related to the transaction be disclosed under a freedom of information act.
There may also be legal requirements to imply into a contract in equal bargaining provisions where bargaining power of
one party is stronger than the other.
PRESENT DAY SCENARIO The common law constitutes the basis of the legal systems of Australia, Bangladesh, Canada,
Trinidad and Tobago, Ghana, Hong Kong, India, Philippines, Singapore, and many other generally English-speaking
countries or Commonwealth countries (except the UKs Scotland and Malta).
Essentially, every country which was colonised at some time by England, Great Britain, or the United Kingdom uses
common law except those that were formerly colonised by other nations, such as Quebec (which follows the bijuridicial
law or civil code of France in part), South Africa and Sri Lanka (which follow Roman Dutch law), where the prior civil law
system was retained to respect the civil rights of the local colonists. Guyana and Saint Lucia have mixed Common Law
and Civil Law systems. (1)
Power of judicial precedents is derived from the doctrine of stare decisis.
For example, that the previous decisions of the highest court in the jurisdiction are binding on all the lower courts.
However, different conditions soon make most decisions inapplicable except as a basis for analogy, and a court must
therefore often look to the judicial experience of the rest of the English-speaking world. (2)
For example, that the previous decisions of the highest court in the jurisdiction are binding on all the lower courts. This
provides a more flexible system. (2)
Nevertheless, there are times, the courts have failed to keep pace with social developments and it has become
necessary to legislate to bring about the required changes.
Indeed, in recent years statutes have superseded much of common law, prominently in the fields of commercial,
administrative, and criminal law.
Typically, however, in statutory interpretation the courts have taken recourse to the doctrines of common law.
Thus increased legislation has limited judicial supremacy to a certain extent but not ended it.
Conclusion Finally, we could see how common law evolved in Europe and America and later it spread to other parts of
the world, especially in Asia.
Common law laid the foundation of many legal systems of the world and therefore served as a great impetus for the
development of legal structures of many countries especially in India.
Each coin has two sides and common law is not an exception.
Though common law had some defects but when its contributions are taken into account, the flaws stand nowhere.
The legal system which was initially promoted by the British Empire to the globe, is now prevalent worldwide.
Approximately one third of the world’s population lives in common law jurisdiction or in civil war blended structures,
including the United Kingdom, India, the United, Pakistan, Nigeria, Bangladesh, Canada, Fiji, etc.
The advantage of the English common law is that, rather than being dependent on an inflexible process of legislative
intervention, judges adapt by applying existing principles to address new challenges as they arise.
It can therefore provide the certainty and predictability that global business demands and is capable to adapt and deal
with fast changing technologies

Match Urls:
0: https://www.newworldencyclopedia.org/entry/Common_law
1: http://everything.explained.today/Common_law/
2: https://www.lawteacher.net/free-law-essays/administrative-law/what-is-common-law-administrative-law-essay.php
 Keywords Density

One Word 2 Words 3 Words

common 3.76% common law 3.37% common law system 0.39%

court 3.24% law system 0.78% civil law system 0.39%

system 2.33% law equity 0.65% reasoning common law 0.26%

judge 1.43% stare decisis 0.65% common law initially 0.13%

case 1.43% legal system 0.39% provisions bargaining power

0.13%

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