Common law

Common law

Common law is a system of deciding cases that originated in England. It is based on decisions made by judges that form a part of law. Its when human behavior drives the meaning of the law, instead of written laws (statutory laws) dictating how humans should behave.

Statutory Law

The body of law enacted by legislative bodies (as opposed to constitutional law).

Doctrine of precedent

The common-law principle by which the reasons for the decisions of courts higher in the hierarchy are binding on courts lower in the hierarchy where the material facts are similar. This applies to important facts that could effect the outcome of the case.

statute

a written law passed by a legislative body

Reverse

A higher court makes a different decision that a lower court in the same case of appeal.

Overrule

A new case in a higher court creates a new precedent, which means the previous precedent in a different case no longer applies.

Ex post facto

After the act or omission took place - courts make laws ex post facto

Stare decisis

The principle at the heart of the doctrine of precedent (literally 'to stand by what is decided')

Precedent

The reason for a court decision that is followed by another court lower in the hierarchy. For example, a judge would strike down a state law creating separate schools for White students and Students of Color. The judge would cite Brown v. Board of Education (1954) as precedent for her decision.

Binding precedent

The reason for a decision of a higher court that must be followed by a lower court in the same hierarchy. Even when there is no written statute to support it. The written decision of the judge in the lower court becomes like written law drafted by legislators.