Final answer:
Common law is developed through judge-made decisions based on precedent, and it contrasts with prescriptive code law systems. The courts of appeals review lower court decisions while adhering to the principle of stare decisis, ensuring legal consistency.
Step-by-step explanation:
Common law refers to a type of law developed by judges through case decisions, largely based on precedent. This system is rooted in medieval England and was inherited by the United States, where it still plays a significant role in the judicial system. Unlike code law systems, which are very prescriptive and leave little room for judicial interpretation, common law allows judges to have more involvement in law-making through their decisions on individual cases.
The courts of appeals or circuit courts are part of the federal court system and play a crucial role in common law by reviewing decisions from lower courts. When reviewing cases, judges rely on the principle of stare decisis, meaning 'to stand by things decided', which emphasizes the importance of precedent in judicial decisions. This principle ensures consistency and stability in legal rulings, contributing to the legitimacy of the court system.
Concurring opinions are written by justices who agree with the majority but for different reasons. This also contributes to the development of common law by detailing various perspectives and interpretations of the law. Judges convene in a conference to discuss cases and initially vote on them, which is a critical collective step in the process of common law adjudication.