What is common law?

Common law is a set of laws that is developed by the courts through their decisions over time. In California, common law applies to many property law matters. Common law is based on the principle of stare decisis, which means that the courts follow rulings that have already been decided in similar cases. This ensures that the law is consistent across different jurisdictions. Common law is generally created by appellate courts-- courts that are required to make a decision based on the existing laws and precedent from similar cases. When the courts make a decision, it is written down and becomes a part of the common law. This means that future cases that are similar to the ones that were decided are also likely to be judged in the same way. Common law can be changed, but only by the legislature. Since common law is based on the decisions of the courts over time, it is difficult for the legislature to change it. If a new law is enacted, it may not directly supersede existing common law, but the courts in California may interpret the new law in a way that alters or replaces the existing common law. Common law is an important part of property law in California and is often used to determine the outcome of cases. Common law decisions must be respected by the courts when deciding cases, as it allows for consistency in legal decisions across the state.

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