Common Law States: Understanding the Basics
What is Common Law?
Common law is a legal system based on court decisions and precedents rather than written laws. It is a system where judges interpret the law and make decisions based on previous rulings. Common law is also known as case law or judge-made law.
How Does Common Law Differ from Civil Law?
Civil law is a legal system based on written laws or codes. In civil law, judges interpret the law, but their decisions are based on the written laws. Civil law is also known as code law.
The main difference between common law and civil law is the role of precedent. In common law, court decisions and precedents play a crucial role in shaping the law. In civil law, the written laws or codes are the primary source of law.
Which States Follow Common Law?
In the United States, there are 49 states that follow common law, while Louisiana follows civil law. The common law states are:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Substantive Law vs. Procedural Law
Common law is divided into two main categories: substantive law and procedural law. Substantive law deals with the rights and duties of individuals and organizations. Procedural law deals with the rules and procedures that must be followed in court cases.
For example, if you were involved in a car accident, substantive law would determine who was at fault and who should pay for the damages. Procedural law would determine the process for filing a lawsuit and the steps that must be followed in court.
Advantages and Disadvantages of Common Law
Like any legal system, common law has its advantages and disadvantages. Some of the advantages of common law include:
- Flexibility: Common law is flexible and can adapt to changing circumstances.
- Consistency: Common law is based on court decisions and precedents, which provides a consistent basis for making legal decisions.
- Efficiency: Common law is often more efficient than civil law because it relies on court decisions rather than lengthy written codes.
However, there are also some disadvantages of common law, such as:
- Complexity: Common law can be complex and difficult to understand, especially for non-lawyers.
- Inconsistency: Because common law is based on court decisions, there can be inconsistencies in how the law is applied from case to case.
- Time-consuming: Common law cases can be time-consuming and expensive because they often involve lengthy legal battles.
FAQs
Q: What is the difference between common law and statutory law?
A: Common law is based on court decisions and precedents, while statutory law is based on written laws or codes.
Q: What is the difference between common law and civil law?
A: Common law is based on court decisions and precedents, while civil law is based on written laws or codes.
Q: Which states follow common law?
A: 49 states in the United States follow common law, while Louisiana follows civil law.
Q: What is the role of precedent in common law?
A: Precedent plays a crucial role in shaping common law. Court decisions and precedents are used to interpret the law and make legal decisions.
Conclusion
Understanding common law is essential for anyone who works in the legal field or wants to understand how laws are made and applied. Common law is a legal system based on court decisions and precedents, and it differs from civil law, which is based on written laws or codes. While common law has its advantages and disadvantages, it remains an important part of the legal system in many countries, including the United States.