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What is common law?

Common law forms the basis of the legal system in England and many other English-speaking countries.

Common law was invented in England by three courts — King’s Bench, Exchequer, and the Court of Common Pleas — in order to establish a system of law that could supersede the judgments of local courts.

The term common law can also refer to the precedent-based element within the legal system, as opposed to statutory law and legislation.

The term common law also underlines the fact that this type of law did not originate from equity, maritime, and other special branches of law. Statues serve as brief explanations of common law, and therefore are not very explanatory.

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July 26, 2010
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