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7.6.1 Common law as applied to matrimony.
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7.3 Development of English legal system and case law.7.1 Common law national legal systems today.5.5.1 Canadian provincial legal systems.5.4 India, Pakistan, and Bangladesh (19th century and 1948).5.3.3 United States executive branch agencies (1946).5.3.2 United States federal courts (17).5.3.1 States of the United States (17th century on).5 Common law legal systems in the present day.4.1.4 Narrowing of differences between common law and civil law.4.1.3 Contrasting role of treatises and academic writings in common law and civil law systems.4.1.1 Judicial decisions play only a minor role in shaping civil law.4.1 Civil law systems-comparisons and contrasts to common law.3.8 Common law pleading and its abolition in the early 20th century.3.7 1870 through 20th century, and the procedural merger of law and equity.3.6 Decline of Latin maxims and "blind imitation of the past", and adding flexibility to stare decisis.3.5 Propagation of the common law to the colonies and Commonwealth by reception statutes.2.6 Common law as a foundation for commercial economies.2.5 Overruling precedent-the limits of stare decisis.2.4 Interaction of constitution, statute, and executive branch regulation with common law.2.2 Common law evolves to meet changing social needs and improved understanding.1.5 Misconceptions and imprecise nonlawyer usages.1.4 Archaic meanings and historical uses.1.2 Common law legal systems as opposed to civil law legal systems.1.1 Common law as opposed to statutory law and regulatory law.In these countries, common law is considered synonymous with case law. Some of these countries have variants on common law systems. Today, one-third of the world's population lives in common law jurisdictions or in systems mixed with civil law, including Antigua and Barbuda, Australia, Bahamas, Bangladesh, Barbados, Belize, Botswana, Burma, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus, Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong, India, Ireland, Israel, Jamaica, Kenya, Liberia, Malaysia, Malta, Marshall Islands, Micronesia, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore, South Africa, Sri Lanka, Trinidad and Tobago, the United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and 49 of its 50 states), and Zimbabwe. These "common law systems" are legal systems that give great weight to judicial precedent, and to the style of reasoning inherited from the English legal system. The British Empire later spread the English legal system to its far flung colonies, many of which retain the common law system today. The common law-so named because it was "common" to all the king's courts across England-originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions among these different sources of law are explained later in this article). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants.
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If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a " matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. The defining characteristic of “common law” is that it arises as precedent. In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. Common law countries are in several shades of pink, corresponding to variations in common law systems.