Learn about the foundation of common law in the U.S. legal system and how it differs from statutory law. Prepare for the SHRM-SCP certification exam with this clear explanation.
Table of Contents
Question
What defines the basis for the application of common law?
Answer
Common law is based on court decisions rather than statutory law and is recognized on the federal level and in all states except Louisiana (which follows the Napoleonic Code).
Explanation
The basis for the application of common law in the United States is court decisions rather than statutory law. Common law, also known as case law or precedent, is a body of law that is developed through judicial decisions on individual cases. When a court makes a ruling on a particular legal issue, that decision becomes binding precedent for future cases with similar facts and circumstances in the same jurisdiction.
In the United States, common law is recognized and applied at the federal level and in 49 out of 50 states. The only exception is Louisiana, which follows the Napoleonic Code, a civil law system based on French law. Under common law, judges rely on the principles and rulings established in previous cases to guide their decision-making process, ensuring consistency and fairness in the application of the law.
This system differs from statutory law, which consists of laws enacted by legislative bodies such as Congress or state legislatures. While statutory law can override common law, in the absence of relevant legislation, common law principles prevail. The combination of common law and statutory law forms the foundation of the U.S. legal system, providing a comprehensive framework for resolving legal disputes and maintaining order in society.
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