Common Law
Definition
A legal system based on judicial precedents and court decisions rather than written legislation, originating in medieval England and now used throughout the UK, Commonwealth, and United States.
Explanation
Common law developed in England from the 12th century onwards when royal courts began to develop consistent legal principles based on previous decisions. Judges' interpretations of cases became binding precedent, meaning lower courts must follow decisions made by higher courts on similar matters. Common law operates alongside statute law (Acts of Parliament) and the two together form the British legal system. The strength of common law is its flexibility and ability to evolve as new situations arise. It emphasizes individual rights, property rights, and contracts. Common law has influenced legal systems worldwide, particularly in former British colonies.
Why this matters for your test
Understanding common law is essential as it is the foundation of the UK legal system and distinguishes it from civil law systems used in many other countries.
Source: Life in the UK Test (2025)