The Law : The Common Law

Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

The Torah, the Tanak, the Hebrew Bible, and the Pentateuch. No matter how you say it they all mean the same thing. The Torah is the foundation of Judaism: the most sacred documents. The word Torah can mean numerous things. It often simply refers to the T in Tanak. It is most commonly translated to mean “ the law”. There are five books that make up the Torah. These books are referred to as the Five Books of Moses: Exodus, Genesis, Leviticus, Numbers, and Deuteronomy. The books of the Torah tell the Israelites a story. A story that begins where we begin, and ends before the introduction of the Savoir. It is often questioned, who the author(s) of the Torah is (are). For this question there are generally two main hypotheses: Mosaic Authorship and the Documentary Hypothesis.

When a legislature offers an affirmed legal code, it is then a statutory law. The process of statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law. This new statue acts as a primary law and must the followed from then on out. Statutory law differs from common law, which is a law made a judge. "Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has made its decision on particular case the same ruling will be applied to any similar case that follows. Stare decisis is important because it allows predictability to law. This way, things stay the same, and laws can be more easily applied in cases. However, because new problems are constantly arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).

Common law rights were guaranteed by the Magna Carta or Great Charter, which were affirmed in 1215 by King John. One did not have to be born into privilege to have common law rights, however, those who were had even more rights. There were times that the king and parliament disagreed as the “king claimed larger areas of power, leading to a bitter conflict between them.” according to Benedict (p. 1). The term “common law” means “…government protection against the encroachments of the rich and powerful,” according to Benedict (p. 2).

Modern day common law is adjudicated similarly with it being judged according to available statutes or acts enacted by legislative bodies and decisions made in previous cases after all evidence and facts are attained. The decisions of a court/judge are binding only in a particular jurisdiction (area of control or influence), and even within jurisdiction, some courts have more power than others. Due to this before a decision is made it must be accepted by higher courts (Statute and Common Law, 2014).

Common law is law originating from use and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making (Schmalleger). The judge

Common law is also known as case law, or law by precedent, is a type of legal tradition developed through decisions of legal bodies (courts, tribunals, etc.). Common law systems originated in Anglo-Saxon England as opposed to the Roman Empire, and believe that legal precedent, based on cultural tradition, should carry more weight that judicial mandates. Courts look at an incident and use what was found and decided as a way to base future decisions, thus guaranteeing a more solid legal tradition; but only binding in particular jurisdictions (Plucknett, 2001). Law in the United States is based on common law, using the Constitution as the backbone for all legal theory. The system of law coming from the three branches of government and moving from the Federal system down to the local levels, and in the case of appeals, from the local level up to the U.S. Supreme Court, is part of the idea of federalism and is based on the assumption

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

To begin, common law originated in Medieval England in the time of King Henry II. The practice developed sending circuit judges from the King’s central court to travel throughout England to hear the various disputes. The aim of these courts (assizes) was to add consistency and fairness to the legal system. Alongside the traveling courts King Henry also established the jury system. Over time these judges recorded the information of each case they heard as well as the decisions and punishments that were ordered. This is known as case law or common law. This began a justice system that relied on the principle of stare decisis or “to stand by the decision”. This principle developed into the rule of precedent which was used to apply the previous decision to a case with similar circumstance. This system was used throughout the country and thus was known as common law. As the English began colonizing Canada they brought their legal systems with them, which greatly influenced today’s legal system.

The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.

Most nations today follow one of two major legal traditions; Common law tradition or civil law tradition. The Common law is a body of law bases on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. The common law traditions emerged in England during the middle ages and was applied within the British colonies across continents.

Common law relies on precedents set by other courts (QuickMBA, 2010). In applying this law, judges refer to the findings and rulings of other courts (QuickMBA, 2010). This law is mostly used in state courts (QuickMBA, 2012). The origins of this practice can be traced back to the 13th century, when the royal judges began writing their decisions and the reasons that informed them (QuickMBA, 2012). The Common law is often applied in solving cases involving schools. These cases revolve around the freedom of expression.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.