What is Common Law?
Common Law -
*Common law (sometimes known as case law or *precedent) is law developed by judges through decisions of courts rather than through legislative statutes. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. This body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. 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). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts.
This definition is based on that found at Wikipedia and various other Reference sources I have used (see below), but again, I urge you to do your own research into the subject, in order to prove to yourself that the core of the 'Common Law' argument is factual. In Scotland where this Author lives this is known as Scots Common Law.
Common Law is practised in many countries throughout the world, many of these are former British Colonies, or Commonwealth Countries and include Australia, Canada, USA, England, Wales, Northern Ireland and India. Other Countries and States, notably Scotland, Quebec and Louisianna are bijuridicial or pluralistic. See Wikipedia here for more information on this, so that you fully understand the jurisdictions that Common Law can be used in.
* Stare Decisis = is a legal principle by which judges are obliged to respect the *precedents established by prior decisions.
* Precedent = In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. *Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."
*Black's Law Dictionary = is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black. It is the reference of choice for definitions in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S. Supreme Court cases.
In Scotland Stroud's Judicial Dictionary is a leading law dictionary (with a touching story behind its development), sadly, I think its author would be appalled at the ‘legal’ system in use today.
A good understanding of some other Scottish sources would also be beneficial, including: Green’s Litigation Styles, The Civil Evidence (Scotland) Act, 1988 by David Field (Apr 1989), Practical Guide to Human Rights in Scotland by Robert Reed (2 Aug 2001), Sheriff's Ordinary Court Practice and Procedure (Lawyers' practice & procedure) by D.B. White (Apr 1994), Casebook of Civil Practice and Procedure by Sturrock (31 Dec 1996), Civil Jurisdiction Styles by Alastair Mennie (31 Dec 1992), Greens Civil Statutes: 1998 (Parliament House Book).
A knowledge of UCC, Uniform Commercial Code (Specifically UCC1-
Common Law is practised every day in many countries (it's just that you are often not aware of it), some countries or States are 'Bi-
Too many people are not even sure of its existence and yet it's practised worldwide, everyday! More especailly so in former British Colonies and commonwealth countries. So please be assured that it does indeed exist. People use it in actions successfully every day. You would be charged with a Common Law offence in those countries depending on what 'offence' you've commited yourself. I often get asked where common law courts are! The answer is the court in your area!
The point about COMMON LAW is that, it's being replaced with a codification system that diminishes your Rights, and this is what we need to be aware of Private Banks that loan to Governments (Big money can be made off the backs of so-
My Reference sources included (but were not limited to), the following useful Authorities on questions of Language, Law, Human Rights and other matters, concerning the opinions and content of this web site:-
Wikipedia where you will get a fuller explanation on the terms above and much, much more. Please start there as that should sufficiently convince you of its existence at least.
Oxford Dictionary The leading English Language Authority. At court you will also hear what you believe to be English, that would be a grave mistake, consider everything you hear in court, as a 'foreign' language and consult a 'Legal' Dictionary for the correct term. You will then begin to understand the true nature of the deception.
Black's Law Dictionary (Black's Law Dictionary can be purchased here) The Biggest selling Law Book in America. Look up 'English' words you thought you knew well and get the correct 'Legal' definitions/s. Stand by to learn some really shocking truths though.
Strouds Judiciary Dictionary
Bouviers Law Dictionary
www.scottish.parliament.uk/ The Scottish Parliament web site, write to your MSP today. Find the contact details of everyone you need to know.
The Scottish Courts system can be found here: www.scotcourts.gov.uk/ Information on Court Cases, upcoming cases and more.
www.law.cornell.edu/ucc/1/index.htm#part1 the full UCC Code and the significance of Estoppell etc.
The Charter of Fundamental Rights of the European Union can be found here www.europarl.europa.eu/charter/default_en.htm find out where your Local Council is failing you today!
The UNITED NATIONS Human Rights can be found here www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx this is the single most important document since the Declaration of Arbroath in my opinion.
I also used a wide range of lesser (but no less important) sources such as New Advent http://www.newadvent.org/cathen/09068a.htm this was especially useful for the early history of 'Common Law' usage and practise.
I would also recommend the Encyclopedia Britannica as another useful reference source.
The Judiciary (Scotland) Rules 2011 the Judiciary Scotland web site may be found here at http://www.scotland-
The Office of the Public Guardian (Scotland) http://www.publicguardian-
Some links to a variety of 'Views' on the Magna Carta 1215 follow:-
The BBC on the Magna Carta 1215 http://www.bbc.co.uk/history/british/middle_ages/magna_01.shtml
The British Library http://www.bl.uk/treasures/magnacarta/index.html
And many, many more reference/authorities. See also my MAIN BLOG HERE for updates on everything to do with common law and more.
The more you read the more you will know!
I include many reference sources (including polar opposite views to mine), throughout my blog posts, please try to read some of these too, a even if you don’t believe them, the articles are often very well written and entertaing in there own right.
Every opinion expressed within the pages of this web site is solely that of the Author:-
Note: Every reference to a legal/lawful term on this site comes from a variety of verifiable, impeccable and trustworthy sources, and whilst all the material used on this site is (as far as possible), also checked for it's reliability and researched further by the author of this site -
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“Do not believe in anything simply because you have heard it. Do not believe in anything simply because it is spoken and rumoured by many. Do not believe in anything simply because it is found written in your religious books. Do not believe in anything merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the good and benefit of one and all, then accept it and live up to it.” BUDDHA
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