Common law tradition in the context of "Case of first impression"

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⭐ Core Definition: Common law tradition

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case.

Common law is deeply rooted in the principle of stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.

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Common law tradition in the context of Legal tradition

A legal tradition or legal family is a grouping of laws or legal systems based on shared features or historical relationships. Common examples include the common law tradition and civil law tradition. Many other legal traditions have also been recognized. The concepts of legal system, legal tradition, and legal culture are closely related.

The understanding of legal families and traditions has shifted over time. Early and mid-20th-century efforts at classifying legal systems commonly employed a taxonomic metaphor, and assumed that the affiliation of a legal system with a legal family was static and that mixed legal systems were an exceptional case. Under more recent understandings, legal systems are understood to partake of multiple legal traditions.

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