Why is common law the most important basis of the American legal system?

Answer 1

Because all laws passed by the government get accpect by almost every state or county in America the only way to turn down the law is to have the senta or congress to vote agaisnt it or the people to vote agaisnt it. Or if they want a new law adpted the sente or congress has to vote on it or the people have to vote on it.

Answer 2

The term "common law" derives from English courts centuries ago. Then, as today, it referred to judge-made law, wherein disputes were settled by a judge and the reasoning and settlement would become the law insofar as it was applicable to subsequent disputes and cases.

Common law courts were distinguishable from courts sitting in equity. Equitable courts arose because the common law of England recognized only a few legal actions/pleadings; thus, many disputes remained unsettled. The equitable courts afforded relief when common law courts could not or would not, but when there was some justifiable reason for providing. While all American courts can hear both common law issues (with broad pleading standards, now), as well as equitable issues, the remedies are limited by their historical scope.

Currently, the common law is often distinguished from statutory law. Statutory law refers to laws passed by a legislative body; those laws may modify or reinforce the pre-existing common law, but in either case, statutory law trumps common law. Both are trumped by Constitutional law, which, itself, might be viewed as a sort-of super-statutory law.

Answer 3

Basing decisions on common law or legal precedence is faster than waiting for a legislative body to act.