Examples of Common Laws (Laws based on Precedents)?
Find answers to your legal question.
Examples of Common Laws (Laws based on Precedents)?
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I know that there are Four Types Of Laws: Statutory Law, Common Law, Administrative Law, and Constitutional Law.
Now My questions are:
--What are Common Laws
--Where Do They Come From?
--Do You Have Any Simple Examples For Me So I Can Understand Better?
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John Holmes
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live together in texas as man and wife and you are married |
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rickinnocal
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Common law, in the USA, goes only to civil suits, and to interpretation and precedent. There are no common law crimes in the US any longer. (Nor in the UK or Canada either.)
This means that when a court is deciding how to apply a statutory law they will defer to the prior common law definition of terms in the law if those terms are not specifically written in the language.
A statutory law, for example, might say "Anyone who commits a burglary is guilty of a class 3 felony." If the language of the law itself defines the word "burglary" then that is the definition that will be used. If it does not, or if there is confusion over whether a specific act meets the definition, then the court will look to the common law definition, which has been established and refined by a thousand years of judicial precedent.
In civil law, which governs relations between private parties, common law comes into play much more frequently. For example, it is a given that you are not liable for damages resulting from your not coming to someone's aid when you could of, *unless* you owe that person a "duty of care".
Why is that the law? Because a thousand years of lawsuits dating back to "Ethelred" suing "Beowulf" because Beowulf didn't stop the Danes from stealing Ethelreds sheep have established that. What is a "duty of care" - 1000 years of court rulings have defined that too.
Richard |
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khole12
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Common law comes from England in the middle ages and medieval times. Its a "transplanted" idea, and like in the 20's and 30's a child who lost his/her parents lives w/ another couple-that couples adopts her w/o any legal papers. BTW in texas a common law married couple is not legally married unless they sign a piece of paper from the courthouse. |
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No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
