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Common law rights are individual rights that come from this judge-made law and are not formally passed by the legislature. Often, common law rights become statutory rights after legislatures codify judicial decisions into formal laws. Last reviewed: May 3, 2021.
What Is Common Law? Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.
Common law is law that is derived from judicial decisions instead of from statutes.
Common law is based on all previous legal rulings made by judges in a common law court. Examples of such rulings are common law requirements for people to read contracts, doctor-patient confidentiality, copyright, and common law marriage.
Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another.

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Common law is law that is derived from judicial decisions instead of from statutes.
The goal of common law is also to provide consistency in how courts handle offenses and create an interpretation standard. In the United States, all states practice common law except Louisiana, whose courts also incorporate elements of civil code from France and Spain.
The expanded system of royal justice that emerged in the late 1100s and the norms it upheld came to be called the Common Law, which at first meant simply the law that was the same, or common, throughout the country, as opposed to the diversity of regional or local law.
What is an example of common law? The concept of common-law marriage, which acknowledges similar rights as those that have a marriage license to couples that are not officially married if several conditions are met, is one example of common law in action today.
Common law is based on all previous legal rulings made by judges in a common law court. Examples of such rulings are common law requirements for people to read contracts, doctor-patient confidentiality, copyright, and common law marriage.

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