What defines common law?

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The distinction that defines common law lies in its origins; it is primarily derived from judicial decisions rather than legislative statutes. This legal framework is shaped by the principles and precedents established in court rulings, allowing judges to interpret and apply the law based on prior cases. Common law evolves over time as new decisions are made, creating a flexible legal system that can adapt to changing societal norms and values.

In contrast, laws derived from legislative statutes are typically written and enacted by legislative bodies, reflecting a more rigid structure in which legal rules are explicitly laid out. International treaties fall under the realm of international law, focusing on agreements between nations rather than domestic legal systems. Similarly, laws imposed by executive authority are often regulations or orders issued by the executive branch of government, which do not fall under the common law tradition. This clarity in defining common law underscores its role in shaping legal precedents through judicial interpretations.

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