Common law
260906
11.10.2010
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structure
1.
1.Law systems generally
2.Common law system
3.Great Britain law system
4.United States law system
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Law systems
•Common law
•Continental law
•Anglo – American law
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•(developed gradually throughout history, judges do not merely apply the law, in some cases they
make law – their decisionsmay become precedents in other case)
•Continental Europe
•Latin America
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•(Law was influenced and based upon Roman law. It has been codified or systematically collected to
form a  consistent body of legal rules -  codes. Decisions of individual judges carry little
weight.)
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Anglo- American law are usually divided into two groups :
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•Primary – principal sources : statuses – legislation  and case, common law
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•Secondary  - subsidiary sources : customs, books of authority (law reform documents, government
publications, legal periodicals )

Common law
v  Constitutions and statuses – written in general terms  (flexibility at unforseen circumstances,
adapt to changing conditions over time)
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v  rules which have been developed entirely by judicial decisions
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v  still made today
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Common law in Great Britain
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Common law in USA
•Former UK colony
•Procedure known as
• „common-law system“
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•„judge - made law“
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•The doctrine stare decisis – the court with the similar case should follow the previously decided
case
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•„Stare decisis et non quieta movere“
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•-> to stand by decisions and not disturb the undisturbed
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•- In a legal context, this is understood to mean that courts should generally abide by precedents
and not disturb settled matters

Sources
• CHROMÁ, Marta; COAST, T. Introduction to legal English vol I. Praha : Katedra jazyků Právnické
fakulty Univerzity Karlovy, 1998. 565 s.
•POWELL, Richard. Law today. Harlow : Longman, 1993. 128 s.