Does common law govern all areas not covered by statutory or administrative law?

Answer 1

The short answer, yes. The real answer...maybe.

Common law is the body of "judge made law" that arose over the ages in England and other common law countries. Originally there were also courts of equity, which provided for an "equitable" result where common law would not allow a result which was just. The courts of common law and equity were amalgamated into one eventually, but equitable concepts remained somewhat independent requiring things like "clean hands" if you wanted an equitable remedy.

So over the years, common law covered just about everything, including crime. Common law can evolve and change with new claims being recognized, and defenses being modified as society evolves. Up until the early 1900s for examle you couldn't sue a manufacturer for making a defective product unless you bought the product personally!

Statutory law (and administrative law - being the branch of law that deals with creating regulations, tribunals etc. that aren't specified by statute but who are based on powers granted by statute) is created by the legislature. They can use it to overrule common law, codify common law (get it written down so you know it won't change) or create law in an area common law hasn't dealt with yet.

So absent statutory and administrative law, there might be common law that covers the situation. If there isn't, which can happen with cutting edge new areas of law, then a judge could always make some, and technically this would be a use of his common law powers, but most judges are more likely to just shoot you down for not having a cause of action under any existing law. You'd have to get a good judge and a good case to convince them to make new law.

Oh, and constitutional law might inform any of the above...

Answer 2

It's true that common law and case law govern areas not covered by statutory or administrative law. Common law and case law may have the same or slightly different meanings, depending on the legal system.