Final answer:
Common law refers to the pattern of law developed by judges through case decisions largely based on precedent. It has three distinct but related meanings: as a system of law, a body of law, and a source of rights.
Step-by-step explanation:
Common law refers to the pattern of law developed by judges through case decisions largely based on precedent. It is a system of law deeply rooted in respect for decisions and actions of previous courts. Common law is different from statutes or regulations and is more flexible, allowing judges to interpret and make rulings on a case-by-case basis.
The term 'common law' can have three distinct but related meanings:
- Common law as a system of law: Common law is a system of law developed by judges through case decisions, as opposed to statutes or regulations adopted through the legislative process. It is based on precedent and the principle of stare decisis, which means to adhere to or abide by previous court decisions.
- Common law as a body of law: Common law refers to the body of law that has evolved over time through judicial decisions. It encompasses legal principles and rules that have been developed and refined by courts.
- Common law as a source of rights: Common law also encompasses rights that are derived from legal tradition and past court rulings, rather than explicit provisions in the Constitution. These common-law rights are part of the broader concept of civil liberties and civil rights.