<P> Common law ( also known as judicial precedent or judge - made law , or case law ) is that body of law derived from judicial decisions of courts and similar tribunals . The defining characteristic of `` common law '' is that it arises as precedent . In cases where the parties disagree on what the law is , a common law court looks to past precedential decisions of relevant courts , and synthesizes the principles of those past cases as applicable to the current facts . If a similar dispute has been resolved in the past , the court is usually bound to follow the reasoning used in the prior decision ( a principle known as stare decisis ) . If , however , the court finds that the current dispute is fundamentally distinct from all previous cases ( called a `` matter of first impression '' ) , and legislative statutes are either silent or ambiguous on the question , judges have the authority and duty to resolve the issue ( one party or the other has to win , and on disagreements of law , judges make that decision ) . The court states an opinion that gives reasons for the decision , and those reasons agglomerate with past decisions as precedent to bind future judges and litigants . Common law , as the body of law made by judges , stands in contrast to and on equal footing with statutes which are adopted through the legislative process , and regulations which are promulgated by the executive branch ( the interactions are explained later in this article ) . Stare decisis , the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results , lies at the heart of all common law systems . </P>
<P> Common law ( also known as judicial precedent or judge - made law , or case law ) is that body of law derived from judicial decisions of courts and similar tribunals . The defining characteristic of `` common law '' is that it arises as precedent . In cases where the parties disagree on what the law is , a common law court looks to past precedential decisions of relevant courts , and synthesizes the principles of those past cases as applicable to the current facts . If a similar dispute has been resolved in the past , the court is usually bound to follow the reasoning used in the prior decision ( a principle known as stare decisis ) . If , however , the court finds that the current dispute is fundamentally distinct from all previous cases ( called a `` matter of first impression '' ) , and legislative statutes are either silent or ambiguous on the question , judges have the authority and duty to resolve the issue ( one party or the other has to win , and on disagreements of law , judges make that decision ) . The court states an opinion that gives reasons for the decision , and those reasons agglomerate with past decisions as precedent to bind future judges and litigants . Common law , as the body of law made by judges , stands in contrast to and on equal footing with statutes which are adopted through the legislative process , and regulations which are promulgated by the executive branch ( the interactions are explained later in this article ) . Stare decisis , the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results , lies at the heart of all common law systems . </P>
why is common law called the judge-made law
why is common law called the judge-made law
derived from judicial decisions of courts and similar tribunals
derived from judicial decisions of courts and similar tribunals