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What is the English Common law?

2006-09-04 10:14:50 · 8 answers · asked by Baby D 2 in Education & Reference Homework Help

8 answers

Common law
Since 1189, English law has been described as a common law rather than a civil law system (i.e. there has been no major codification of the law, and judicial precedents are binding as opposed to persuasive). In the early centuries, the justices and judges were responsible for adapting the Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g. the Law Merchant began in the Pie-Powder Courts (a corruption of the French "pieds-poudrés" or "dusty feet", meaning ad hoc marketplace courts). As Parliament developed in strength, and subject to the doctrine of separation of powers, legislation gradually overtook judicial law making so that, today, judges are only able to innovate in certain very narrowly defined areas. Time before 1189 was defined in 1276 as being time immemorial.

2006-09-04 10:46:07 · answer #1 · answered by Anonymous · 0 0

English Common Law is the basis of law in the United States - it is also known as "judge made law" - it is the body of decisions that results from litigation over a period of time. sometimes,

The basis of common law is that it reflects how the majority of people think about a certain subject [so say the judges].

Common law is reversed by legislation - a common example is that under common law, the victor in a duel was not considered an assailant or murderer - legilsation throughout the United States prohibited dueling and made it a crime.

Here is a modern and somewhat mundane example - these days, in an auto accident, the person backing up is usually considered at fault. There is no law that says so, but that's what the insurance companies almost always state and that's the way juries almost always decide.

2006-09-04 10:23:00 · answer #2 · answered by Prof. Cochise 7 · 0 2

English common law is the old historical law set forth by judges in England. Much of our American legal system was borrowed or copied from the old English common law.

2014-03-02 07:41:38 · answer #3 · answered by Anonymous · 1 0

English common law is made by the King's courts in local and manorial courts in all England areas. Means all judges create the common law by delivering written judgments in particular court.

2014-07-01 02:06:58 · answer #4 · answered by Jacob Singh 3 · 2 0

http://en.wikipedia.org/wiki/Common_law

English common law is when something can become legal without going through the process....like marriage, you can be common law married, if you don't have a ceremony, if you live with another person for a period of time and take their name.

2006-09-04 10:18:43 · answer #5 · answered by cinquefoil_solis 3 · 0 0

English law, in the context of the United Kingdom of Great Britain and Northern Ireland, generally means the legal system of England and Wales.

2014-02-27 19:47:34 · answer #6 · answered by Anonymous · 0 0

Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch.

2014-08-06 17:07:08 · answer #7 · answered by Anonymous · 0 0

It is advisable to speak with a U.S. or U.K. attorney to further distinguish the common law versus the civil law system. One can do so by viewing the following link. http://www.legalmatch.com/law-library/article/civil-law-versus-common-law.html

2014-07-31 16:04:45 · answer #8 · answered by Anonymous · 0 0

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