English common law
Precedent
-the rulings set forth earlier in similar cases Precedents are legal opinions that become part of the common law. In this way, laws became unified, or common to all regions.
The English blended Roman law and canon law into the body of common law. The law came to incorporate basic principles of individual rights. These principles include the idea that a person should be considered innocent until proven guilty.
Because it is based on the decisions of judges, common law is considered judge-made law. It was the main source of laws in England for hundreds of years. Over time, the English Parliament gained the power to create laws as well.
The English system
The most important influence on the American legal system is English law. The English system of common law is based on court decisions rather than on a legal code. The system involves analyzing how a previous judge applied a law and then applying it in the same manner.
Common law developed after 1066. At that time, conquerors from northern France, the Normans, took control of England.
They set up a new royal family. The English kings began to send judges into the countryside. The judges held trials to carry out the law. Judges decided a new case by following precedent
Laws created by legislative bodies such as Parliament are known as statutes. Although statutes passed by Parliament came to play an increasing role in the legal system, common law remained the foundation of English law.
When English settlers came to North America in the 1600s and 1700s, they brought with them their traditions of common law and individual rights. Both became key parts of the basic laws of the new nation, the United States. They continue to play a key role in the U.S. judicial system today.
