What is the common law?

Common law is a type of law that is based on previously established court decisions and traditions. It is often referred to as "judge-made law" because it is created by judges through their decisions in court cases. In the United States, common law is the primary form of law in Nebraska. This means that it is the foundation of most legal matters and takes precedence over state statutes and regulations. Common law develops from court cases in which judges, typically on an appellate court, analyze previous court decisions to determine how a particular dispute should be resolved. Generally, the higher the court, the more often their decisions will be followed in other cases. Therefore, decisions from the US Supreme Court have the most weight when interpreting the law. Common law has many advantages for Nebraska residents. It is flexible, meaning it can be adapted quickly to changing times and different circumstances. It also creates certainty for parties who are litigating, since they are operating under a well-established body of law. Finally, it is cost-effective because litigants do not have to hire lobbyists to pass legislation or hire expensive experts to interpret complex statutes. Overall, common law is an important part of the legal system in Nebraska. It is the foundation of most legal matters and is followed by the courts when deciding cases. It provides certainty and flexibility for litigants, as well as cost-effectiveness.

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