What are common law states

As per Berkeley.edu, common law is generally uncodified. This means that there is no comprehensive compilation of legal rules and statutes.

While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases.

The common law tradition emerged in England during the Middle Ages and is now followed in most English speaking countries.

Under a common-law system, disputes are settled through an adversarial exchange of arguments and evidence. Both parties present their cases before a neutral fact finder, either a judge or a jury.

All citizens, including the highest-ranking officials of the government, are subject to the same set of laws, and the exercise of government power is limited by those laws. The judiciary may review legislation, but only to determine whether it conforms to constitutional requirements.

The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. The common-law system is also used in Canada, except in the Province of Quebec, where the French civil-law system prevails.

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Tag: common law 
Wednesday, May 11 2016


Source: https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html

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