What is common law?

Common law is a type of law that originates from the decisions of courts and not from statutes enacted by legislatures. Common law, also referred to as case law or judge-made law, is the body of law developed from judicial decisions issued by judges and then applied by other judges in similar cases. Common law is based on the legal principles established in previous cases and then refined over time. In Kansas, common law is based on the decisions of the Kansas Supreme Court and other state courts, which interpret and apply the Kansas statutes, the Constitution of the State of Kansas, and other laws. Common law is important for resolving many civil disputes, as it is essential to determining rights, obligations, and remedies related to those disputes. Common law also helps fill in the gaps where statutes or regulations are silent by providing equitable solutions. Finally, common law provides a basis for determining how the same legal issue should be treated in the future.

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What is common law?

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