what is common law?

Answer 1

Common law is the body of judge-made law that originated in England. It is the opposite of statutory or codified law. Centuries ago, judges used to rule on specific cases by analogizing to prior cases. The resulting body of case law is referred to as common law. Today, much of common law has been supplanted or limited by statutes and constitutions. Common law still survives, however, and continues to be shaped by judges trying to apply legal principles to specific cases.

Answer 2

In common law legal systems, judges have the authority and duty to decide what the law is when there is no other authoritative statement of the law. Once an appellate court has decided what the law is, that precedent tends to bind future decisions of the same appellate court, and binds all lower courts reviewed by that appellate court, when the facts of the case are similar, until there is another authoritative statement of the law (e.g. by a legislature or higher court). The common law forms a major part of the legal system in the US.

In common law jurisdictions, legislatures operate under the assumption that statutes will be interpreted against the backdrop of the pre-existing common law case law and custom, and so may leave a number of things unsaid. For example, in most U.S. states, the criminal statutes are primarily codification of pre-existing common law. (Codification is the process of enacting a statute that collects and restates pre-existing law in a single document - when that pre-existing law is common law, the common law remains relevant to the interpretation of these statutes.) This is why even today American law schools teach the common law of crime as practised in England in 1750, since the colonies (and subsequently the states) deviated from the common law as practised in England only after that date, and modern statutes can only be understood when one interprets the literal words of a criminal statute in light of that historical common law.

Answer 3

If you are asking about Common Law as Community Law; then it is as in Marriage; then the Statute will apply. 7 years living together will constitute Common Law Marriage. Any and all holdings of both parties will be divided equally between both parties: unless palimony applies then one of the parties may be awarded compensation of feather damages, such as money or property.

Answer 4

Wow ... answers so far sound so right on ... but; many things do.

Let me show you a thing from the Texas Statutes ...: check it out on the following link:

http://tlo2.tlc.state.tx.us/statutes/cp.toc.htm


CIVIL PRACTICE & REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 5. RULE OF DECISION


§ 5.001. RULE OF DECISION. The rule of decision in this state consists of those portions of the common law of England that are not inconsistent with the constitution or the laws of this state, the constitution of this state, and the laws of this state.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.

No then ... in a Court - the State will try to tell the judge there is no "COMMON LAW" ... and the judge will uphold it WITHOUT A THOUGHT TO THE TEXAS CONSTITUTIONAL AMENDMENTS THAT STATE THE FOLLOWING ... (and heaven help you donkey if you bring it up ... I like heaven and care less for my donkey - I find it a bunch of fun to put these liars and thieves on the spot and make them prove their jurisdictions ...):

3 . That every County in Texas shall establish and maintain Courts of
Common Law Plea based solely upon Natural Law and American Common Law,
which juries shall judge the Law as well as the Facts and drawing from the
1836 and the 1845 Constitutions of Texas; and, where conflicts exist
between any other jurisdictions, the Common Law shall be of a primary
authority.

4 . The Judges of the Courts of Common Law Plea shall be commissioned by
the counties at a salary equal to the highest salary of any judge of any
county of similar population. However, no such judge at the time of his
appointment may belong to any bar or similar association or hold any Title
of Nobility or Honor, and no member of such association shall have any
standings in this Court.

5 . No suit or case heard or tried in Texas shall be tried in any other
court or jurisdiction when remedies exist at Common Law.


Now then - please NOTE WHEN the above Amendments were Ratified ...:

Amendments to the 1845 "State of Texas" Constitution The Common Law of
Texas as Adopted and Perfected By Political Judgment on August 29, 1994
Amendments to the Constitution of Texas Dated December 29, 1845 and as
Encompassed by the Adopted Land Plan of The Davis Mountains and Big Bend
Historical District Dated August 27, 1994


Ahhh - in 1994 ... that long ago??? Well - let us look at what the 1st Amendment said in that ratified and ENACTED in 1994 said:

1 . That the Rights, Privileges, and immunities of the Common and Natural
Laws shall not be denied to any Natural Persons or Citizens on account of
race, creed, sex, or natural or national origin.


Hmmm - well - whatever the common law is ... it is CERTAINLY NOT UPHELD BY THE COURTS ... and even law students are led to believe that case law and STATUTES are actually Common law ...

Oh - holy Creator of heaven and earth ... protect us, your humble servants from such ignorance that will certainly result in our deaths by and through the common law newly come up ...

Peace;

Aintmyfault
.

Answer 5

common law is a system of law where the laws are defined by previous court cases which set critical precedents for future cases.


This different than statute law, where the rules are clearly defined and written.



I had to chuckle at the first answers response..what she is referring to is something loosely referred to as "common Knowlege"..something that everyone should know about..such as it is common knowledge that if you knife someone, you will be expelled from school.

Answer 6

Common law is the legal settings of England and it was through the royal courts of justice that the common customs of the realm were transmuted into common law

Answer 7

common law is when you live with someone for set amount of years, depending on the state, that gives you some of the same rights as if you were married.

Answer 8

Another phrase for common law is "case law". It is the law that is expressed in individual judicial opinions, rather than in legislation.

Answer 9

Common law is a law that is common sense and universal. Like it is common law in school that if you knife someone you get expelled.