We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is a Common Law System?

By Renee Booker
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Throughout the world, there are two basic types of judicial systems — civil law and common law. Although there are a number of countries that have evolved to use what can best be described as hybrid legal systems, all legal systems have a basis in common law or civil law. In short, a civil law system is based on statutory law, while a common law system is based on legal precedents. Unlike a civil law system, judges in a common law legal system actually make law instead of just implementing the law.

The roots of the common law legal systems can be traced back to the first common law system created in England during the Middle Ages. Today, most countries that once had ties to England, including the United States, Australia, New Zealand, and Hong Kong, to name a few, operate under common law. Aside from Great Britain, the majority of the countries in Europe operate under a version of civil law modeled after the Roman legal system created centuries ago.

In a common law system, the law is created by precedents set after judges decide actual cases. When a judge hears a case that has a new issue in it, the judge makes a decision regarding the issue in the case. That decision then becomes a precedent that must be followed by other courts with equal standing within the legal system. The precedent remains law unless and until a higher court overturns the decision. The practice of following decisions made by other courts for similar issues is known as stare decisis.

In stark contrast to the concept of stare decisis and precedent found in a common law system, decisions in a civil law system are to be made based on a corresponding statute, in theory. In a civil law system, the legislative or executive branch makes the laws and courts are simply required to follow the laws as they have been written. A judge, therefore, in a civil law system, has considerably less authority or autonomy than a judge in a system based on common law.

Judges in a common law system are, of course, required to follow the laws of precedent; however, a judge may go against precedent if he or she feels strongly that the existing precedent is wrong. Cases that come before a judge in a common law legal system that have a new issue are referred to as an "issue of first impression." When a judge is faced with an issue of first impression, he or she will look to other similar cases and the reasoning used in those cases, and then apply it to the case at hand.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.