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3 answers

Yeah -- essentially.

Common law is actually the doctrine of "stare decisis" which means to "stand by things decided" In common law, judges follow cases with similar fact patterns to determine the outcome.

The entire U.S. functions on a common-law basis, EXCEPT for Louisiana -- because it was purchased from the French, and for unknown reasons, Louisiana isn't a common law state -- it's a "code law" state -- which means -- it doesn't matter how judges have ruled on other cases -- they go JUST by what the state legislature enacted . . . not by the doctrine of "stare decisis."

2007-12-02 16:10:37 · answer #1 · answered by Anonymous · 0 0

Common Law is from Great Britain. It is used in many of the US states.

Judge Made Law is when a court scrutinizes a law or regulation passed by Congress, and deems it inconsistent with existing law; possibly un-Constitutional.

Sometimes the court will interpret the law a way that is not stated on the plain language of the law, to prevent the law from being inconsistent with existing law.

2007-12-02 16:12:29 · answer #2 · answered by MenifeeManiac 7 · 1 1

Yes. The common law is the accumulation of principles from earlier decided cases.

Common law can always be overruled by legislation, but until that happens it is binding.

2007-12-02 16:09:10 · answer #3 · answered by iansand 7 · 0 0

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