COMMON LAW

The COMMON LAW legal system is an unwritten law. Common law is a law
that developed by judges through decision of courts and similar tribunals. It is also a law that
not being codified into a systematic code as the law is being made based on the judicial
precedent and case law. Judicial precedent known as a decision that have been made by a
court in previous cases and it can be used in other cases as well if they have similar facts. The
reason why the judicial precedent is binding is because to ensure the consistency in the usage
of law. In common law judges play passive roles and act more like a referee football. This is
because 3 judges did not actively participate in the investigation and even during the tribunal.

Judges in common law only need to give a final decision on which side is right and
which side is wrong. Common law practice and adversarial system and applied a jury system
where jurist will study the facts of the case.

Common law is the legal tradition, which evolved in England from the 11th
Century onwards. This legal tradition is the basis of private law not only for England as its
country of origin, but also for Wales, Ireland, almost all states of the USA (except from
Louisiana), most part of Canada (except from Quebec) and for most countries which received
the common law tradition as former colonies of the British Empire and in many cases
preserved it as independent members of the British Commonwealth, in parts connected with
religious laws or local habits like in India, Pakistan, Malaysia or Jamaica. People sometimes
call common law “customary law” because judges consider the customs (common
practices )of the country when making decisions.

The principles of common law appear for the most part in reported judgments,
usually rendered by higher courts, in relation to specific fact situations arising in dispute,
which courts have adjudicated. All in all common law rules seem to be more specific and
detailed in comparison to civil law rules.

Historically these are believed ti have been very important in that they were,
effectively the basis of our common law. It is thought that following the Norman conquest
( as the country was gradually brought under centralised government) the judges appointed
by the kings to travel around the land making decisions in the kings name based at least some
of their decisions on the common customs. The idea caused LORD JUSTICE COKE in the
17th century to describe these customs as being ‘one of the main triangles of the laws of
England’.