Common law is important due to its flexibility based on precedent, judicial involvement in law-making, and adherence to precedent decisions for legal stability.
Common law remains important to our legal system because it allows for judges to interpret and apply laws based on precedent, enabling flexibility and adaptation to changing societal needs.
Unlike code law systems, common law permits judicial involvement in the law-making process by interpreting laws case by case. This system, rooted in medieval England and inherited by the American colonies, ensures consistency and stability in legal decisions.
Stare decisis, the principle of standing by precedent decisions, is crucial in the U.S. common law system, contributing to legal certainty, stability, and the legitimacy of the court system.
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