Section 1 - Nature and Function of Law

Lesson 5 - Common Law : Principles and Process

Common law in Canada is often called "case law". It comes from the decisions that judges have made in the cases brought before them by individuals. Each time a new situation arises, lawyers and judges look to past, similar cases to guide them in their arguments or judgments.

Because the common law develops through judges' decisions, it is sometimes also called "judge-made law". In theory, however, judges do not make law when they decide cases; they merely apply the law that has already been applied in previous, similar cases. These previously decided cases are called precedents. The advantage of following precedents is that people are better able to predict the legal consequences of their actions, and act accordingly.