Taneesha Arunachalam’s Mini Pupil Experience
“I had the opportunity to intern at Temple Law to gain a better understanding of the legal world. The lawyers I met were incredibly welcoming and offered me a great first glance at the profession. Having recently graduated from high school with no prior law experience and seeking to further studies, I feel very lucky to have been part of such a talented team during the month. Some of my mini-pupillage experience included going to court, learning how lawyers prepare and research for a case and writing this article. I was also exposed to some Business Development work on the website. Thank you to everyone at Temple Law for giving me a well-rounded experience which I can add to my career exploring journey.“
Mini Pupillage at Temple Law is usually a 2 week program on application only.
COMMON LAW IS NO PLACID MADONNA SITTING IN A ROSE GARDEN
I am asked to draw my observations on Common Law principles following research I undertook. They are:
1. Common law was introduced during the reign of King Henry II (1154 – 1189). With the goal of re-organising the royal justice at the time, Henry II established a permanent royal court in Westminster. He also established royal justice which was to be followed by people of all classes as the system expanded. In the 1100s, case law was initially defined as “the law that was the same, or ‘common,’ throughout the country”. Also, from the book ‘The Advocate’s Devil’ by Lord Monckton, he explains that common law is “Founded in the experience of common life” (Harvey, 1958). Common law innovated its ways and emphasised “written documentation; the use of local juries to establish both law and fact, and a clear hierarchy of courts.”
2. The common law (also known as case law) is popularly defined as a “body of law” dependent on past court decisions rather than “codes and statutes” . Codification compiles rules and laws used by other types of law, namely civil law. For case law, if a court is presented with a similar set of evidence from an existing case, the court is “required to follow that decision if they ever must make a ruling”. This particularity is what ultimately differentiates common law with others, laws that are unwritten yet followed and trusted within the bounds of fairness and justice.
3. There are core concepts which accompany case law, namely stare decisis and precedents. The doctrine of stare decisis is a record of judicial decisions which will then become the “basis of evaluation for future cases”. Seeing that case law is constituted from this doctrine, it therefore requires a detailed record of situations in order to apply the principles of stare decisis.
4. As a reminder of the importance of case law, we ought to remember its benefits. That is, its flexibility and efficiency. While civil law requires lawmakers to “pass changes in statutes and codes” case law can make amendments based on changes in its society. As Lord Monckton puts it, common law “is no placid Madonna sitting in a rose garden”, rather she is “armed and expectant”, depicting the evolution and readiness of common law with societal changes. Higher courts may also decide to consider previous decisions on a case with similar facts and circumstances as ‘bad law’, rather than asking for a lawmaker to make the necessary changes, given that the hierarchy of court is equal. Furthermore, common law makes the legal process significantly faster as judges “only follow precedent when making decisions” hence relieving time and monetary concerns.
5. What about the future of common law?
If it is constructed by judges and their previous decisions, and common law continues to expand as the number of cases grow, can there be a point in time where there will be a case law identical to every present case faced in court? There could be, as stated by Adam MacLeod (Law Professor at St Mary’s University). “The common law covers the whole range of human activity, and all of its parts support all its other parts.” However, the job of the judge will always remain as important and relevant, as judges may still, if every detail, every piece of evidence and material is identical, make a different judgement and decision at the end of the day. Moreover, with accessibility being increased like never before thanks to the existence of ever-growing technology, lawyers and judges can read and use case law within seconds to make a judgement or build their case. Thus, it is safe to say that common law will continue to be practiced so long as it can help with present cases.
Taneesha Arunachalam
25 March 2025
