What is "common law"?

Question

What is "common law"?

Answer 1

Commonly accepted legal practice as apposed to codified law which is written down.

Answer 2

You are familiar with laws - that the legislature drafts up, votes on and passes. You are familiar with administrative laws, where administrative agencies like the department of driver services makes rules that everyone must follow.

Common law is law that comes from judges when they make decisions on cases - there is no legislature, voting, etc...

Let's say that you want to put a noose around your black professor's doorknob. The professor sues you. There is no LAW stating you can't put a noose around the doorknob of your professor's door, but a judge who has to decide who is right and who is wrong. The judge decides that you have to pay your professor damages and that it is wrong to put a noose around the doorknob of any black professor.

The judge's decision is now "common law" and other professors can now rely upon that decision when deciding to sue someone if they do the same thing in the future (tie nooses around their doorknob). The legislature, if they want, can choose to pass a law codifying the "common law" developed by the judge. If the legislature does pass a law which states the same thing as the judge, then the common law becomes statutory law.

Answer 3

I am only familiar with the term Common Law Marriage. This has been eliminated in most States. It was a process that a couple was legally married after living together for a certain amount of time, or if they told others they were married.

Answer 4

living together without marriage liecsne