common law?case law?

Common Law System 即普通法法制，建基於案例 (Case Law) (以前的案件中的判決完因)，需要大量的案例。所以大部份用普通法的國家都係英國的殖民地，因為普通法源自英國，所以使用普通法。普通法法官在庭上採取較被動的各色 (passive umpire)，不會主動發問。把案件的討論交給律師。不會參與討論 (would not descend into the arena)

個法制叫 Common Law System

D 案例叫 Case Law

唔會就gum講 Common Law，通常會加其他詞彙用，例如 Common Law Countries普通法國家。

希望幫到你。

Common law is law developed through decisions of courts and similar tribunals, rather than through legislative statutes or executive action. In common law legal systems, law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, common law judges have the authority and duty to make law by creating precedent.[1] The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis.

In practice, common law systems are considerably more complicated than the idealized system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of non-appellate courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. However stare decisis, the principle that similar cases should be decided according to similar rules, lies at the heart of all common law systems.