Define: Anglo-American Common Law

Anglo-American Common Law refers to the legal system derived from English law that is followed in countries such as the United States, Canada, Australia, and England. It is based on judicial precedent and the principle of stare decisis, where previous court decisions are binding on future cases.

Unlike civil law systems, which rely on codified statutes as the primary source of law, Anglo-American Common Law places greater emphasis on case law and judicial decisions. It allows judges to interpret and apply the law based on previous court rulings.

Judges in Anglo-American Common Law have a significant role in interpreting and applying the law. They are responsible for making legal decisions based on the facts of a case and relevant legal principles. Their decisions create precedents that guide future cases.

While judges in Anglo-American Common Law cannot create new laws, they can interpret existing laws and establish legal principles through their decisions. These principles become binding precedents that shape future legal interpretations.

Stare decisis means “to stand by things decided.” It is a fundamental principle in Anglo-American Common Law that requires judges to follow precedents set by higher courts. Lower courts are bound to follow the decisions of higher courts within the same jurisdiction.

Legal precedent plays a crucial role in Anglo-American Common Law as it provides consistency and predictability in the legal system. It ensures that similar cases are treated similarly and helps maintain the rule of law.

Yes, Anglo-American Common Law can be changed or modified through legislation enacted by the legislative branch of government. However, changes to common law principles are typically made cautiously and incrementally to maintain stability and respect for established precedents.

When conflicts arise between different precedents in Anglo-American Common Law, judges must engage in a process called “distinguishing.” They carefully analyze the facts and legal principles of each case to determine if there are any distinguishing factors that justify departing from a previous precedent.

While precedents are highly influential in Anglo-American Common Law, they are not absolute. Judges have the discretion to depart from precedents if they believe they were wrongly decided or if there are compelling reasons to do so. However, such departures are typically rare and require strong justifications.

Anglo-American Common Law has the flexibility to adapt to societal changes through the process of judicial interpretation. Judges can interpret existing laws in light of evolving social norms and values, ensuring that the legal system remains relevant and responsive to the needs of society.