What is a defining characteristic of common law?

A defining characteristic of common law is that it is established through prior court decisions. Common law arises from the judicial rulings and legal precedents set by the courts, which serve as the basis for future cases. This principle of following precedents, known as stare decisis, means that decisions made in earlier cases can influence the outcomes of similar cases in the future, providing consistency and predictability in the law.

Common law is generally distinguished from statutory law, which is written and enacted by legislative bodies. Unlike statutory laws, which may be created and amended through formal legislative processes, common law evolves over time as judges interpret the law in the context of individual cases. This foundational aspect allows common law to adapt to changing social values and norms, reflecting the realities of life and the circumstances surrounding specific legal issues.

The nature of common law does not allow it to override statutory law; rather, when there is a conflict, statutes take precedence. Additionally, common law is not solely based on federal laws, as it can also be influenced by state law and varies from jurisdiction to jurisdiction.