Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals, rather than through legislative statutes or executive action. Statutory law or statute law is written Law (as opposed to oral or Customary law) set down by a Legislature or other governing In common law legal systems, law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases. The three major legal systems of the world today consist of civil law, Common law and Religious law. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A judge, or justice, is an Official who presides over a Court of law When there is no authoritative statement of the law, common law judges have the authority and duty to make law by creating precedent.  The body of precedent is called "common law" and it binds future decisions. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "matter of first impression. A case of first impression (known as primae impressionis in Latin) is a legal case in which there is no Binding authority on the matter presented " Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis. Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
In practice, common law systems are considerably more complicated than the idealized system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of non-appellate courts are only non-binding persuasive authority. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Administrative law is the body of Law that governs the activities of administrative agencies of Government. However stare decisis, the principle that similar cases should be decided according to similar rules, lies at the heart of all common law systems.
Common law legal systems are in widespread use, particularly in those nations which trace their legal heritage to Britain, including the United Kingdom, most of the United States and Canada, and other former colonies of the British Empire. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The United States of America —commonly referred to as the Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The British Empire was the largest empire in history and for over a century was the foremost global power.
The term common law has three main connotations and several historical meanings worth mentioning:
This connotation distinguishes between the authorities that promulgate a law. Statutory law or statute law is written Law (as opposed to oral or Customary law) set down by a Legislature or other governing For example, in most areas of law in most jurisdictions in countries that trace their legal heritage to Britain (members of the Commonwealth of Nations and the United States), there are "statutes" enacted by a legislature, "regulations" promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature, and common law or "case law", i. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation This article is for the legal term For regulation of genes see Regulation of gene expression. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law e. decisions issued by courts (or quasi-judicial tribunals within agencies). A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Tribunal is a generic term for any body acting judicially whether or not it is called a tribunal in its title This first connotation can be further differentiated, into (A) law arising purely from the common law with no express statutory authority, e. g. most criminal law and procedural law before the 20th century, and even today, most of contract law and the law of torts, and (B) decisions that discuss and decide the fine boundaries and distinctions in law promulgated by other bodies, such as the Constitution, statutes and regulations. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law
This connotation differentiates "common law" jurisdictions and legal systems from "civil law" or "code" jurisdictions. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. Common law systems place great weight on court decisions, which are considered "law" with the same force of law as statutes. By contrast, in civil law jurisdictions (the legal tradition that prevails in, or is combined with common law in, almost all non-Islamic, non-common law countries), judicial precedent is given relatively less weight, and scholarly literature is given relatively more. For example, the Napoleonic code expressly forbade French judges from pronouncing the law. 
This connotation differentiates "common law" (or just "law") from "equity". Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where Before 1873, England had two parallel court systems: courts of "law" that could only award money damages and recognized only the legal owner of property, and courts of "equity" that could issue injunctive relief and recognized trusts of property. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations This split propagated to many of the colonies, including the United States (see "Reception Statutes," below). The distinction between "law" and "equity" was important in: (a) categorizing and prioritizing rights to property; (b) in the United States, determining whether the Seventh Amendment's right to a jury trial applies (a determination of a fact necessary to resolution of a "common law" claim) or whether the issue may be decided by a judge (issues of what the law is, and all issues relating to equity); and (c) in the principles that apply to the grant of equitable remedies by the courts. Property is any physical or virtual entity that is owned by an individual A judge, or justice, is an Official who presides over a Court of law In law equitable remedies are the remedies developed and granted by the old courts of equity, such as the Court of Chancery in England and still available today For most purposes, most jurisdictions, including those within the US, have merged the two courts. Additionally, even before the separate courts were merged together, most courts were permitted to apply both law and equity (though under potentially different procedural law). Even so, the split survives and remains relevant for determining at least these three classes of issues. Other exceptions are discussed in "Common Law Systems," below.
In addition, there are several historical uses of the term that provide some background as to its meaning. The English Court of Common Pleas dealt with lawsuits in which the king had no interest, i. The Court of Common Pleas, also known as the Common Bench, was a Common law court in the English legal system. e. between commoners. Additionally, from at least the 11th century and continuing for several centuries after that, there were several different circuits in the royal court system, served by itinerant judges who would travel from town to town dispensing the King's justice. The term "common law" was used to describe the law held in common between the circuits and the different stops in each circuit. The more widely a particular law was recognized, the more weight it held, whereas purely local customs were generally subordinate to law recognized in a plurality of jurisdictions. These definitions are archaic, their relevance having dissipated with the development of the English legal system over the centuries, but they do explain the origin of the term.
In a common law jurisdiction several stages of research and analysis are required to determine what "the law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. Later decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts.  Finally, one integrates all the lines drawn and reasons given, and determines what "the law is". Then, one applies that law to the facts.
The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy. Second, the common law evolves through a series of gradual steps, that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast, the legislative process is very difficult to get started: legislatures do not act until a situation is totally intolerable. Because of this, legislative changes tend to be large, jarring and disruptive (either positively or negatively).
One example of the gradual change that typifies the common law is the gradual change in liability for negligence. For example, the traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligence unless the two were in privity of contract. Thus, only the immediate purchaser could recover for a product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. Winterbottom v. Wright, 10 M&W 109, 152 Eng. Winterbottom v Wright (1842 was an important case in English Common law responsible for constraining the law's stance on Negligence in the Rep. 402, 1842 WL 5519 (Exchequer of pleas 1842). In Winterbottom, the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, but could not find a good place to draw a line around the causal connection between the negligent conduct and the injury other than to limit liability to only the immediate person in contract with the negligent party. A first exception to this rule arose in Thomas v. Winchester, 6 N. Y. 397 (N. Y. 1852) which held that mislabeling a poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger. " Thomas used this as a reason to create an exception to the "privity" rule. In Statler v. Ray Mfg. Co. , 195 N. Y. 478, 480 (N. Y. 1909) held that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such a character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed. "
Yet the privity rule survived. In Cadillac Motor Car Co. v Johnson, 221 F. 801 (2nd Cir. 1915) (decided by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from a defective wheel, when the automobile owner only had a contract with the automobile dealer, not with the manufacturer, even though there was "no question that the wheel was made of dead and ‘dozy‘ wood, quite insufficient for its purposes. "
Finally, in the famous case of MacPherson v. Buick Motor Co., 217 N. Y. 382, 111 N. E. 1050 (N. Y. 1916), Judge Cardozo pulled a broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held:
Note that Cardozo's new "rule" exists in no prior case, but is inferable as a synthesis of the principles stated in them, and represents a foreseeable progression. Importantly, note that Judge Cardozo continues to adhere to the original principle of Winterbottom, that "absurd and outrageous consequences" must be avoided, and he does so by drawing a new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable. Winterbottom v Wright (1842 was an important case in English Common law responsible for constraining the law's stance on Negligence in the " But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the rule of the prior common law by stating that the boundary based on privity (that is, a formality arising out of a contractual relationship between persons) was irrelevant, rather, the important boundary would be drawn based on the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. MacPherson v Buick Motor Co, 217 NY 382 111 NE 1050 (1916 is the famous New York Court of Appeals opinion by Judge Benjamin N
In common law legal systems (connotation 2), the common law (connotation 1) is crucial to understanding almost all important areas of law. For example, in England and Wales and in most states of the United States, the basic law of contracts, torts and property do not exist in statute, but only in common law (though there may be isolated modifications enacted by statute). English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property is any physical or virtual entity that is owned by an individual In almost all areas of the law (even those where there is a statutory framework, such as contracts for the sale of goods, or the criminal law), legislature-enacted statutes generally give only terse statements of general principle, and the fine boundaries and definitions exist only in the common law (connotation 1). To find out what the precise law is that applies to a particular set of facts, one has to locate precedential decisions on the topic, and reason from those decisions by analogy. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial Analogy is both the cognitive process of transferring Information from a particular subject (the analogue or source to another particular subject (the target and To consider but one example, the First Amendment to the United States Constitution states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" – but interpretation (that is, determining the fine boundaries, and resolving the tension between the "establishment" and "free exercise" clauses) of each of the important terms was delegated by Article III of the Constitution to the judicial branch, so that the current legal boundaries of the Constitutional text can only be determined by consulting the common law. The First Amendment to the United States Constitution is part of the United States Bill of Rights that expressly prohibits the United States Congress The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses
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. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law 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. In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. ) In reliance on this assumption, modern statutes often leave a number of terms and fine distinctions unstated -- for example, a statute might be very brief, leaving the precise definition of terms unstated, under the assumption that these fine distinctions will be inherited from pre-existing common law. For this reason, even today American law schools teach the common law of crime as practised in England in 1789, because the backdrop of centuries-old English common law is necessary to interpret and fully understand the literal words of the modern criminal statute.
With the transition from English law, which had common law crimes, to the new legal system under the U.S. Constitution, which prohibited ex post facto laws at both the federal and state level, the question was raised whether there could be common law crimes in the United States. The Constitution of the United States of America is the supreme Law of the United States. It was settled in the case of United States v. Hudson and Goodwin which decided that common law crimes were prohibited (at least at the Federal level), and that there must always be a (constitutional) statute defining the offense and the penalty for it. United States v Hudson and Goodwin, 11 US 32 ( 1812) was a case in which the United States Supreme Court held that Congress must
By contrast to statutory codification of common law, some statutes displace common law, for example to create a new cause of action that did not exist in the common law, or to legislatively overrule the common law. In the law a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue An example is the tort of wrongful death, which allows certain persons, usually a spouse, child or estate, to sue for damages on behalf of the deceased. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties An estate is the Net worth of a person at any point in time It is the sum of a person's Assets - legal rights interests and entitlements to Property of There is no such tort in English common law; thus, any jurisdiction that lacks a wrongful death statute will not allow a lawsuit for the wrongful death of a loved one. Where a wrongful death statute exists, the compensation or other remedy available is limited to the remedy specified in the statute (typically, an upper limit on the amount of damages). Courts generally interpret statutes that create new causes of action narrowly – that is, limited to their precise terms – because the courts generally recognize the legislature as being supreme in deciding the reach of judge-made law unless such statute should violate some "second order" constitutional law provision (cf. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations judicial activism). Judicial activism is a pejorative term for the misuse of judicial power and is a neologism for the older classical term " board judicial review.
Where a tort is rooted in common law, then all traditionally recognized damages for that tort may be sued for, whether or not there is mention of those damages in the current statutory law. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful Statutory law or statute law is written Law (as opposed to oral or Customary law) set down by a Legislature or other governing For instance, a person who sustains bodily injury through the negligence of another may sue for medical costs, pain, suffering, loss of earnings or earning capacity, mental and/or emotional distress, loss of quality of life, disfigurement and more. Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to These damages need not be set forth in statute as they already exist in the tradition of common law. However, without a wrongful death statute, most of them are extinguished upon death.
In the United States, the power of the federal judiciary to review and invalidate unconstitutional acts of the federal executive branch was established in Marbury v. Madison. Marbury v Madison, is a Landmark case in United States law. It formed the basis for the exercise of Judicial review in the United States under Later cases extended the "judicial power" of Article III and Marbury to establish the power of federal courts to consider or overturn any unconstitutional action of congress or of any state.
In many subject matter areas, legal treatises compile common law decisions, and state overarching principles that (in the author's opinion) explain the results of the cases. However, in common law jurisdictions, treatises are not the law, and lawyers and judges tend to use these treatises as only "finding aids" to locate the relevant cases.
This is one of the "cultural" differences between common law and civil law jurisdictions (connotation 2): in civil law jurisdictions, the writings of law professors are given significant weight by courts. A law school (also known as a school of law or college of law) is an institution specializing in Legal education. In common law jurisdictions, scholarly work is seldom cited as authority for what the law is.  When common law courts rely on scholarly work, it is almost always only for factual findings, policy justification, or the history and evolution of the law, but the court's legal conclusion is reached through analysis of relevant statutes and common law, seldom scholarly commentary. Legal history or the History of Law is the study of how law has evolved and why it changed
This reliance on judicial opinion is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is common law to give reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful. This ability to predict gives more freedom to come close to the boundaries of the law.  For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on the boundaries within which their freedom of expression rights apply. In contrast, in non-common-law countries, fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult. Thus, in jurisdictions that do not have a strong allegiance to a large body of precedent, parties have less a priori guidance must often leave a bigger "safety margin" of unexploited opportunities.
This is the reason for the frequent choice of the law of the State of New York in commercial contacts from throughout the United States. In particular, English law and New York law are often used in contracts throughout the world, even where the relationship of the contact parties and transaction to England or New York is quite attenuated. Because of its history as the nation's commercial center, English and New York common law have a depth and predictability not (yet) available in any other jurisdiction.
Common law originally developed under the inquisitorial system in England during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent. This article is about the inquisitorial system for organizing court proceedings England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The word tradition comes from the Latin traditionem acc of traditio which means "a giving up delivering up surrendering" and is used in a number of In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial Such forms of legal institutions and culture bear resemblance to those which existed historically in societies where precedent and custom have at times played a substantial role in the legal process, including Germanic law and particularly Islamic law. Several Latin Law codes of the Germanic peoples written in the Early Middle Ages (also known as leges barbarorum Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. 
The form of reasoning used in common law is known as casuistry or case-based reasoning. Casuistry (ˈkæʒuːɨstri is an Applied ethics term referring to case-based Reasoning. Case-based reasoning (CBR broadly construed is the process of solving new problems based on the solutions of similar past problems The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law The type of procedure practiced in common law courts is known as the adversarial system; this is also a development of the common law. The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate
Before the Norman conquest in 1066, justice was administered primarily by county courts, presided by the diocesan bishop and the sheriff, exercising both ecclesiastical and civil jurisdiction. England and Wales The County Court is the Workhorse of the civil justice system in England and Wales. A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. Ecclesiastical jurisdiction in its primary sense does not signify Jurisdiction over ecclesiastics ("church leadership" but jurisdiction exercised by church leaders  Trial by jury began in these courts. 
In 1154, Henry II became the first Plantagenet king. The House of Plantagenet (planˈtadʒɪnɪt also called the House of Anjou, or the First Angevin dynasty, was originally a noble Among many achievements, Henry institutionalized common law by creating a unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system – citizens sworn on oath to investigate reliable criminal accusations and civil claims. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them The jury reached its verdict through evaluating common local knowledge, not necessarily through the presentation of evidence, a distinguishing factor from today's civil and criminal court systems. In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e
Henry II developed the practice of sending judges from his own central court to hear the various disputes throughout the country. His judges would resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and the decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, which is where a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions By this system of precedent, decisions 'stuck' and became ossified, and so the pre-Norman system of disparate local customs was replaced by an elaborate and consistent system of law that was common throughout the whole country, hence the name, "common law. "
Henry II's creation of a powerful and unified court system, which curbed somewhat the power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket, the Archbishop of Canterbury. Canon law is internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches and the Anglican Communion of churches St Thomas Becket (c 1118 &ndash December 29, 1170) was Archbishop of Canterbury from 1162 to 1170 The Archbishop of Canterbury is the chief bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion and the Eventually, Becket was murdered inside Canterbury Cathedral by four knights who believed themselves to be acting on Henry's behalf. Whether Henry actually intended to bring about the assassination of Becket is doubtful, but there is no question that at the time of the murder, the two men were embroiled in a bitter dispute regarding the power of Royal Courts to exercise jurisdiction over former clergymen. The murder of the Archbishop, who was immediately venerated as a martyr and later as a saint, gave rise to a wave of popular outrage against the King. Henry was forced to repeal the disputed laws and to abandon his efforts to hold church members accountable for secular crimes (see also Constitutions of Clarendon). The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164.
In spite of this setback, judge-made common law endured for centuries as the primary source of criminal and civil law throughout the realm. Later, after Parliament acquired legislative powers, statutory law began to limit the scope of the common law in some areas. The Parliament of England was the Legislature of the Kingdom of England. Statutory law or statute law is written Law (as opposed to oral or Customary law) set down by a Legislature or other governing Even today, however, common law retains its status as an essential element of the British legal system.
Several fundamental common law instutitions may have been adapted from similar legal instututions in Islamic law and jurisprudence, and introduced to England after the Norman conquest of England by the Normans, who conquered and inherited the Islamic legal administration of the Emirate of Sicily, and also by Crusaders during the Crusades. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the The Normans were the people who gave their names to Normandy, a region in northern France. The Emirate of Sicily was an Islamic state on the island of Sicily from 965 to 1072. The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents In particular, the "royal English contract protected by the action of debt is identified with the Islamic Aqd, the English assize of novel disseisin is identified with the Islamic Istihqaq, and the English jury is identified with the Islamic Lafif. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Debt is that which is owed usually referencing Assets owed but the term can cover other obligations In English law, the Assize of novel disseisin ("recent dispossession" was an action to recover lands of which the plaintiff had been disseised or dispossessed A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them " The English trust and agency institutions in common law were possible adapted from the Islamic Waqf and Hawala institutions respectively during the Crusades. In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations Agency is an area of Commercial law dealing with a Contractual or Quasi-contractual Tripartite set of relationships when an Agent A waqf ( plural, awqāf; vakıf wæqəf is an inalienable religious endowment in Islam, typically devoting a building or plot of land for Muslim Hawala (also known as hundi) is an Informal value transfer system based on performance and honor of a huge network of money brokers which are primarily located in  It is worth noting, however, that transferring property to another for the "use" of another developed largely in response to the requirements of feudal inheritance law. Trust law, in particular, is a creature of equity which derived from the parallel jurisdiction of the Lord Chancellor to decide matters independently to the Royal Courts. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom.
Other English legal institutions such as "the scholastic method, the license to teach," the "law schools known as Inns of Court in England and Madrasas in Islam" and the "European commenda" (Islamic Qirad) may have also originated from Islamic law. Scholasticism was the dominant form of theology and philosophy in the Latin West in the Middle Ages, particularly in the 12th 13th and 14th centuries The verb license or grant license means to give permission The noun license is the document demonstrating that permission Education encompasses both the Teaching and Learning of Knowledge, proper conduct, and technical competency A law school (also known as a school of law or college of law) is an institution specializing in Legal education. The Inns of Court in London are the professional associations to one of which every barrister in England and Wales (and those judges who were formerly barristers "Madrasa" and "Medrese" redirect here For the village in Azerbaijan see Mədrəsə. A limited partnership is a form of Partnership similar to a General partnership, except that in addition to one or more general partners (GPs there are The qirad was one of the basic financial instruments of the medieval Islamic world.  The methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial Analogy is both the cognitive process of transferring Information from a particular subject (the analogue or source to another particular subject (the target and In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared  These similarities and influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole". 
Following the American Revolution, one of the first legislative acts undertaken by each of the newly independent states was to adopt "reception statutes" that gave legal effect to the existing body of English Common Law. In this article the inhabitants of the thirteen colonies that supported the American Revolution are primarily referred to as "Americans" with occasional references to "Patriots"  Some states enacted reception statutes as legislative statutes, while other states received the English common law through provisions of the state's constitution.
For example, the New York Constitution of 1777 provides that:
|“||[S]uch parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State, subject to such alterations and provisions as the legislature of this State shall, from time to time, make concerning the same.||”|
Alexander Hamilton emphasized in The Federalist that this New York constitutional provision expressly made the common law subject “to such alterations and provisions as the legislature shall from time to time make concerning the same. The Federalist Papers are a series of 85 articles advocating the ratification of the United States Constitution. ” Thus, even when reception was effected by a constitution, the common law was still subject to alteration by a legislature's statute.
The Northwest Ordinance, which was approved by the Congress of the Confederation in 1787, guaranteed "judicial proceedings according to the course of the common law. The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States North-West of the River Ohio, and also known as the Freedom The Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America from March 1, " Nathan Dane, the primary author of the Northwest Ordinance, viewed this provision as a default mechanism in the event that federal or territorial statutes were silent about a particular matter; he wrote that if "a statute makes an offence, and is silent as to the mode of trial, it shall be by jury, according to the course of the common law. Nathan Dane ( December 29, 1752 &ndash February 15, 1835) was an American lawyer and statesman who represented Massachusetts ” In effect, the provision operated as a reception statute, giving legal authority to the established common law in the vast territories where no states had yet been established.
Over time, as new states were formed from federal territories, these territorial reception statutes became obsolete and were re-enacted as state law. For example, a reception statute enacted by legislation in the state of Washington requires that "[t]he common law, so far as it is not inconsistent with the Constitution and laws of the United States, or of the state of Washington nor incompatible with the institutions and condition of society in this state, shall be the rule of decision in all the courts of this state. " In this way, the common law was eventually incorporated into the legal systems of every state except Louisiana (which inherited its civil law system from France's Napoleonic Code). The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. This article is about the country For a topic outline on this subject see List of basic France topics. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under
A similar statute exists in Article 8 of the Basic Law of Hong Kong. The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the Constitutional document
As early as the 15th century, it became the practice that litigants who felt they had been cheated by the common-law system would petition the King in person. For example, they might argue that an award of damages (at common law) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of equity, administered by the Lord Chancellor, in the courts of chancery. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. A chancery court, Equity court or court of equity is a court that is authorized to apply principles of equity (as opposed to law to cases brought By their nature, equity and law were frequently in conflict and litigation would frequently continue for years as one court countermanded the other, even though it was established by the 17th century that equity should prevail. A famous example is the fictional case of Jarndyce and Jarndyce in Bleak House, by Charles Dickens. Jarndyce and Jarndyce is a fictional court case in Chancery in the novel Bleak House by Charles Dickens. Bleak House is the ninth Novel by Charles Dickens, published in twenty monthly installments between March 1852 and September 1853
In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of conflict. The Judicature Acts are two Acts of Parliament in the United Kingdom, the Supreme Court of Judicature Act 1873 (36 & 37 Vict
In the United States, parallel systems of law (providing money damages, with cases heard by a jury upon either party's request) and equity (fashioning a remedy to fit the situation, including injunctive relief, heard by a judge) survived well into the 20th century. The United States of America —commonly referred to as the In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful The United States federal courts procedurally separated law and equity: the same judges could hear either kind of case, but a given case could only pursue causes in law or in equity, and the two kinds of cases proceeded under different procedural rules. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States This became problematic when a given case required both money damages and injunctive relief. In 1937, the new Federal Rules of Civil Procedure combined law and equity into one form of action, the "civil action. The Federal Rules of Civil Procedure (FRCP are rules governing Civil procedure in United States district (federal courts that is court procedures for Civil " Fed. R. Civ. P. 2. The distinction survives to the extent that issues that were "common law" as of 1791 (the date of adoption of the Seventh Amendment) are still subject to the right of either party to request a jury, and "equity" issues are decided by a judge. 
Alabama, Delaware, Mississippi and New Jersey still have separate courts of law and equity, for example, the Court of Chancery. Alabama (formally the State of Alabama;) is a State located in the southern region of the United States of America. Delaware ( is a state located on the Atlantic Coast in the Mid-Atlantic region of the United States. Mississippi ( is a state located in the Deep South of the United States New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. The Delaware Court of Chancery is a Court of equity in the American state of Delaware. In many states there are separate divisions for law and equity within one court. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government
The common law constitutes the basis of the legal systems of: England and Wales, Northern Ireland, Ireland, federal law in the United States, the law of individual U.S. States (except Louisiana), federal law in Canada and the individual Provinces (except Quebec civil law), Australia (both federal and individual states), New Zealand, South Africa, India, Malaysia, Brunei, Pakistan, Singapore, Hong Kong, and many other generally English-speaking countries or Commonwealth countries (except Malta and Scotland). English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Northern Ireland law concerns the Legal system of Northern Ireland. The Republic of Ireland has a Common law Legal system with a written constitution which provides for a parliamentary democracy based on the British parliamentary system The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government Law in the State of Louisiana is based in part on civil law. Louisiana is the only U The Canadian legal system has its foundation in the British Common law system inherited from being a part of the Commonwealth. The provinces and territories of Canada combine to make up the world's second largest country in total area. Quebec law is unique in Canada because Quebec is the only province in Canada to have a civil law system Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The law of Australia consists of the Australian Common law (which is based on the English common law) federal laws enacted by the Parliament The law of New Zealand can be found in several sources The primary sources of New Zealand law are statutes enacted by the New Zealand Parliament and decisions of the New The Law of South Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions a civil law system inherited from its Dutch The law of Malaysia is mainly based on the Common law legal system The legal system of Singapore is based on the English common law system The following is a list of Sovereign states and territories where English is an Official language, in order of Population. Malta, officially the Republic of Malta (Repubblika ta' Malta is a European Microstate, comprising an Archipelago of three islands Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Essentially, every country which has been colonised at some time by England, Great Britain, or the United Kingdom uses common law except those that had been formerly colonised by other nations, such as Quebec (which follows French law to some extent), South Africa and Sri Lanka (which follow Roman Dutch law), where the prior civil law system was retained to respect the civil rights of the local colonists. The Kingdom of Great Britain, also known as the United Kingdom of Great Britain, was a State in northwest Europe, in existence from 1707 to 1800 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa Roman Dutch law is a Legal system based on Roman law as applied in the Netherlands in the 17th and 18th century India's system of common law is also a mixture of English law and the local Hindu law, except in the state of Goa which retains the Portuguese civil code. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Hindu law in its current usage refers to the system of personal laws (i Goa ( Konkani: गोंय /ɡɔ̃j/ is India 's smallest state in terms of area and the fourth smallest in terms of population. Nicaragua's legal system also is a mixture of the English Common Law and the Civil Law through the influence of British administration of the Eastern half of the country from the mid-1600's until about 1905, the William Walker period from about 1855 through 1857, USA interventions/occupations during the period from 1909 to 1933, the influence of USA institutions during the Somoza family administrations (1933 through 1979) and the considerable importation between 1979 and the present of USA culture and institutions. William Walker may refer to William Walker (Australian rules footballer, Australian rules footballer for University William Walker (baritone
The main alternative to the common law system is the civil law system, which is used in Continental Europe, and most of the rest of the world. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Continental Europe, also referred to as mainland Europe or simply the Continent, is the Continent of Europe, explicitly excluding European The former Soviet Bloc and other Socialist countries used a Socialist law system (some of them use civil law system, for example, Lithuania). During the Cold War, the term Communist Bloc (or Soviet Bloc) was used to refer to the Soviet Union and countries it either controlled or that were Socialist law is the official name of the Legal system used in Communist states It is based on the civil law system with major modifications and additions
The opposition between civil law and common law legal systems has become increasingly blurred, with the growing importance of jurisprudence (almost like case law but in name) in civil law countries, and the growing importance of statute law and codes in common law countries. Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law An example of this is the United States, where matters of criminal law, commercial law (the Uniform Commercial Code in the early 1960s) and procedure (the Federal Rules of Civil Procedure in the 1930s and the Federal Rules of Evidence in the 1970s) have been codified. The Uniform Commercial Code ( UCC or the Code is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of The Federal Rules of Civil Procedure (FRCP are rules governing Civil procedure in United States district (federal courts that is court procedures for Civil The Federal Rules of Evidence ( FRE) govern the admission of facts by which parties in the federal courts of the United States may prove their cases
Scotland is often said to use the civil law system but in fact it has a unique system that combines elements of an uncodified civil law dating back to the Corpus Juris Civilis with an element of common law long predating the Treaty of Union with England in 1707 (see Legal institutions of Scotland in the High Middle Ages). Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Scots law is a unique legal system with an ancient basis in Roman law. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 The Acts of Union were a pair of Parliamentary Acts passed during 1706 and 1707 by the Parliament of England and the Parliament of Scotland to put into Scottish legal institutions in the High Middle Ages are for the purposes of this article the informal and formal systems which governed and helped to manage Scottish society between the Scots common law differs in that the use of precedents is subject to the courts seeking to discover the principle which justifies a law rather than to search for an example as a precedent and that the principles of natural justice and fairness have always formed a source of Scots Law. Natural justice or procedural fairness is a legal philosophy used in some jurisdictions in the determination of just or fair, processes in legal proceedings Comparable pluralistic (or 'mixed') legal systems operate in Quebec, Louisiana and South Africa. The three major legal systems of the world today consist of civil law, Common law and Religious law. Quebec (kwɨˈbɛk The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa
Israel has a mixed system of common law and civil law. Law of Israel combines Common law and civil law. Sources of Israeli law Israeli law draws on the following sources The Mecelle While Israeli law is undergoing codification, its basic principles resemble those of British and American law, namely: the role of courts in creating the body of law and the authority of the supreme court in overturning legislative and executive decisions. The Supreme Court ( Hebrew: בית המשפט העליון Beit haMishpat ha'Elyon) is at the head of the court system in the State of Israel.
The U.S. state of California has a system based on common law, but it has codified the law in the manner of the civil law jurisdictions. A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government California ( is a US state on the West Coast of the United States, along the Pacific Ocean. In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The reason for the enactment of the codes in California in the nineteenth century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states. Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. California and a number of other Western states, however, have retained the concept of community property derived from civil law. The Western United States &mdashcommonly referred to as the American West or simply the West &mdashtraditionally refers to the region comprising the westernmost Community property is a Marital-property regime that originated in civil law jurisdictions and is now also found in some Common-law jurisdictions The California courts have treated portions of the codes as an extension of the common-law tradition, subject to judicial development in the same manner as judge-made common law. (Most notably, in the case Li v. Yellow Cab Co., 13 Cal. Li v Yellow Cab Co, 532 P2d 1226, 13 Cal3d 804 ( 1975) commonly referred to simply as Li, is a California Supreme Court 3d 804 (1975), the California Supreme Court adopted the principle of comparative negligence in the face of a California Civil Code provision codifying the traditional common-law doctrine of contributory negligence. The Supreme Court of California is the State supreme court in California. In the United States, comparative negligence is a partial defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon The California Civil Code, more formally known as "The Civil Code of the State of California" is a collection of civil law statutes for the State of Contributory negligence is a Common law defense to a claim based on negligence an action in Tort. )
The state of New York, which also has a civil law history from its Dutch colonial days, also began a codification of its law in the 19th century. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous During the 17th century Dutch traders established trade posts and plantations throughout the Americas; actual colonization with Dutch settling in the new lands was not as common In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. The only part of this codification process that was considered complete is known as the Field Code applying to civil procedure. In Law as practiced in countries that follow the English model a pleading is a formal written statement filed with a Court by parties in a Civil action The original colony of New Netherlands was settled by the Dutch and the law was also Dutch. New Netherland (Dutch Nieuw-Nederland, Latin Novum Belgium or Nova Belgica) 1614–1674 is the name of the former Dutch territory on the eastern coast When the English captured pre-existing colonies they continued to allow the local settlers to keep their civil law. The Kingdom of England was a State (927-1707 located in Western Europe dating from the ninth or tenth century to the early eighteenth century when it was legally However, the Dutch settlers revolted against the English and the colony was recaptured by the Dutch. The Second Anglo-Dutch War was fought between England and the United Provinces from 4 March, 1665 until 31 July, 1667. When the English finally regained control of New Netherland they forced, as a punishment unique in the history of the British Empire, the English common law upon all the colonists, including the Dutch. This was problematic, as the patroonsystem of land holding, based on the feudal system and civil law, continued to operate in the colony until it was abolished in the mid-nineteenth century. Patroons redirects here For the CBA team see Albany Patroons. The influence of Roman Dutch law continued in the colony well into the late nineteenth century. Roman Dutch law is a Legal system based on Roman law as applied in the Netherlands in the 17th and 18th century The codification of a law of general obligations shows how remnants of the civil law tradition in New York continued on from the Dutch days. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous
The United States federal government (as opposed to the states) has a variant on a common law system. The United States of America —commonly referred to as the United States federal courts only act as interpreters of statutes and the constitution (to elaborate and precisely define the broad language, connotation 1(b) above), but, unlike state courts, do not act as an independent source of common law (connotation 1(a) above). The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States Before 1938, the federal courts, like almost all other common law courts, decided the law on any issue where the relevant legislature (either the U. S. Congress or state legislature, depending on the issue), had not acted, by looking to courts in the same system, that is, other federal courts, even on issues of state law, and even where there was no express grant of authority from Congress or the Constitution. In 1938, the U. S. Supreme Court in Erie Railroad Co. v. Tompkins 304 U.S. 64, 78 (1938), overruled earlier precedent, and held "There is no federal general common law," thus confining the federal courts to act only as interpreters of law originating elsewhere. Erie Railroad Co v Tompkins, 304 US 64 (1938 was a decision by the Supreme Court of the United States in which the Court held that federal courts E. g. , Texas Industries v. Radcliff, (without an express grant of statutory authority, federal courts cannot create rules of intuitive justice, for example, a right to contribution from co-conspirators). Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution. Later courts have limited Erie slightly, to create a few situations where United States federal courts are permitted to create federal common law rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States Federal common law is a term of United States law used to describe Common law that is developed by the federal courts, instead of by the courts of the various See, e. g. , Clearfield Trust Co. v. United States, (giving federal courts the authority to fashion common law rules with respect to issues of federal power, in this case negotiable instruments backed by the federal government); see also International News Service v. Associated Press, 248 U.S. 215 (1918) (creating a cause of action for misappropriation of "hot news" that lacks any statutory grounding, but that is one of the handful of federal common law actions that survives today). Clearfield Trust Co v United States, 318 US 363 (1943 was a case in which the Supreme Court of the United States held that federal Negotiable A negotiable instrument is a specialized type of " Contract " for the payment of money that is unconditional and capable of transfer by negotiation International News Service v Associated Press, 248 US 215 (1918 is a United States Supreme Court decision that upheld the Common law rule Except on Constitutional issues, Congress is free to legislatively overrule federal courts' common law. 
The definitive historical treatise on the common law is Commentaries on the Laws of England, written by Sir William Blackstone and first published in 1765 - 1769. The Commentaries on the Laws of England are an influential 18th century treatise on the Common law of England by Sir William Blackstone, originally Sir William Blackstone (originally pronounced Blexstun ( 10 July 1723 &ndash 14 February 1780) was an English Jurist and Since 1979 a facsimile edition of that first edition has been available in four paper-bound volumes. Today it has been superseded in the English part of the United Kingdom by Halsbury's Laws of England that covers both common and statutory English law. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Halsbury's Laws of England is a definitive encyclopedic treatise on the laws of England published by LexisNexis Butterworths.
While he was still on the Massachusetts Supreme Judicial Court, and before being named to the U. S. Supreme Court, Justice Oliver Wendell Holmes Jr. published a short volume called The Common Law which remains a classic in the field. Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme The Common Law is a Book that was written by Oliver Wendell Holmes Jr Unlike Blackstone and the Restatements, Holmes' book only briefly discusses what the law is; rather, Holmes describes the common law process.
In the United States, Restatements of various subject matter areas (Contracts, Torts, Judgments, etc. The Restatements of the Law are treatises published by the American Law Institute as scholarly refinements of Black-letter law, to "address uncertainty ), edited by the American Law Institute, collect the common law for the area. The American Law Institute ( ALI) was established in 1923 to promote the clarification and simplification of American Common law and its adaptation to changing social The ALI Restatements are often cited by American courts and lawyers for propositions of uncodified common law, and are considered highly-persuasive authority, just below binding precedential decisions. The Corpus Juris Secundum is an encyclopedia whose main content is a compendium of the common law and its variations throughout the various state jurisdictions. The Corpus Juris Secundum (CJS is an Encyclopedia of US Law (see Secondary authority)
Scots common law covers matters including murder and theft, and has sources in custom, in legal writings and previous court decisions. The legal writings used are called Institutional Texts and come mostly from the 17th, 18th and 19th centuries. Examples include Craig, Jus Feudale (1655) and Stair, The Institutions of the Law of Scotland (1681).