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Oct 15, 2015 · Common law is a term used to refer to law that is developed through decisions of the court, rather than by relying solely on statutes or regulations. Also known as “case law,” or “case precedent,” common law provides a contextual background for many legal concepts.
- Nicholas Clapham
- The Case of Proclamations, 1610. Over 400 years ago, the chief justice, Sir Edward Coke, ruled that King James I could not prohibit new building in London without the support of parliament.
- Entick v Carrington, 1765. Author and schoolmaster John Entick was suspected of writing a libellous pamphlet against the government. In response, the secretary of state sent Nathan Carrington, along with a group of other king’s men, to search Entick’s house for evidence.
- R v Dudley and Stephens, 1884. In this case, the survivors of a shipwreck who killed and ate the youngest and weakest crew member were prosecuted for murder.
- Carlill v Carbolic Smoke Ball Co, 1893. Mrs Carlill sued the manufacturer of the carbolic smoke ball – a device for preventing colds and flu – which had promised a reward of £100 for any one catching flu following the use of its product but then refused to pay out.
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Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive.
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Nov 10, 2015 · A clear understanding of the uses and limits of common law principles is often the only way to see to the bottom of the well in many Supreme Court disputes. The importance of common law is illustrated by Spokeo Inc. v. Robins, which was just argued before the Supreme Court.
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