what is common law 
common law is a body of unwritten laws based on legal precedents established by the courts common law influences the decision making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law the u s common law system evolved from a british tradition that spread to north america during the 17th and 18th century colonial period common law is also practiced in australia canada hong kong india new zealand and the united kingdom 1investopedia nono floresunderstanding common lawa precedent known as stare decisis is a history of judicial decisions which form the basis of evaluation for future cases common law also known as case law relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at hand the judge presiding over a case determines which precedents apply to that particular case the example set by higher courts is binding on cases tried in lower courts this system promotes stability and consistency in the u s legal justice system however lower courts can choose to modify or deviate from precedents if they are outdated or if the current case is substantially different from the precedent case lower courts can also choose to overturn the precedent but this rarely occurs investopedia sabrina jiangcommon law vs civil lawcivil law is a comprehensive codified set of legal statutes created by legislators a civil system clearly defines the cases that can be brought to court the procedures for handling claims and the punishment for an offense judicial authorities use the conditions in the applicable civil code to evaluate the facts of each case and make legislative decisions while civil law is regularly updated the goal of standardized codes is to create order and reduce biased systems in which laws are applied differently from case to case common law draws from institutionalized opinions and interpretations from judicial authorities and public juries similar to civil law the goal of common law is to establish consistent outcomes by applying the same standards of interpretation in some instances precedent depends on the case by case traditions of individual jurisdictions as a result elements of common law may differ between districts 2common law marriagea common law marriage also known as a non ceremonial marriage is a legal framework that may allow couples to be considered married without having formally registered their union as either a civil or religious marriage while common law is not common among the u s there are a number of states that have statutes or allow for common law marriage if they meet certain requirements a number of states including alabama recently abolished the statutes allowing for common law marriage 3special considerationsas judges present the precedents which apply to a case they can significantly influence the criteria that a jury uses to interpret a case historically the traditions of common law have led to unfair marginalization or disempowerment of certain groups whether they are outdated or biased past decisions continue to shape future rulings until societal changes prompt a judicial body to overturn the precedent this system makes it difficult for marginalized parties to pursue favorable rulings until popular thought or civil legislation changes the interpretation of common law feminists in the 19th and early 20th centuries who fought for women s rights often faced such difficulties for example in england common law as late as the 1970s held that when couples divorced fathers rather than mothers were entitled to custody of the children a bias that in effect kept women trapped in marriages example of common lawfrom time to time common law has furnished the basis for new legislation to be written for example the u k has long had a common law offense of outraging public decency in the last decade the authorities have used this ancient common law to prosecute a new intrusive activity called upskirting the practice of sticking a camera in between a person s legs without their consent or knowledge to take a photo or video of their private parts for sexual gratification or to humiliate or distress in february 2019 the u k parliament passed the voyeurism offences act that officially makes upskirting a crime punishable by up to two years in prison and the possibility of placing a convicted individual on the sex offenders register 4common law faqscommon law is a body of unwritten laws based on legal precedents established by the courts today the us operates under a dual system of both common and civil law the courts for example operate under common law the concept of common law marriage which acknowledges similar rights as those that have a marriage license to couples that are not officially married if several conditions are met is one example of common law in action today common law places an emphasis on precedent while allowing some freedom for interpretation the value of a common law system is that the law can be adapted to situations that were not contemplated at that time by the legislature us common law originates from medieval england however today both the us and uk operate under a dual system of both common and civil law 1the bottom linealthough common law is derived from its original appearance in medieval england it is still very much in effect in the us and elsewhere today as the evolution of technology and its presence in our lives continues to grow common law s ability to leave the legal code open for interpretation will become increasingly important 1