One of the two major legal systems of the modern Western world (the other is civil law), it originated in the UK and is now followed in most English speaking countries. Initially,
common law was
founded on common sense as reflected in the social
customs. Over the centuries, it was supplanted by
statute law (rules enacted by a legislative body such as a Parliament) and clarified by the judgments of the higher courts (that set a
precedent for all courts to follow in similar cases). These precedents are recognized, affirmed, and enforced by subsequent
court decisions, thus continually expanding the common law.
In contrast to
civil law (which is based on a rigid
code of rules), common law is based on broad
principles. And whereas every
defendant who enters a criminal
trial under civil law is presumed guilty until proven
innocent, under common law he or she is presumed innocent until proven guilty.