What does Common Law refer to in legal context?

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Common Law refers to an unwritten body of law that has developed over time through past judicial decisions and customs. This legal system originates from England and is characterized by the reliance on precedents, which are previous court rulings that guide judges in making future decisions. The decisions made in earlier cases establish legal principles that influence subsequent cases, creating a cohesive body of law that evolves with society's changing norms and values.

Unlike statutes, which are formally enacted laws created by legislative bodies, Common Law is primarily based on interpretations of cases and judicial opinions. This means that it is dynamic and can adapt more readily to complex situations that may not be directly addressed by existing statutes. Therefore, judges play a critical role in shaping the law through rulings that fill gaps, clarify ambiguities, and account for new scenarios that legislation may not have anticipated.

Understanding Common Law is vital for comprehending how legal principles are applied in real-world situations, as it reflects the practical application of justice through historical context and judicial interpretation. This foundational aspect of the legal system underpins much of how law operates in jurisdictions that follow Common Law traditions, emphasizing the importance of judicial decisions in the legal landscape.

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