How common law evolved?

Answer 1

King Henry II of England had his circuit judges get together and discuss their decisions. They figured that when they decided the cases the same way they had discovered the law common to the realm. They wrote down that law and used it as the basis for other decisions. The house of Lords made difficult decisions. If someone did not like something about common law, he could appeal it to the House of Lords. The House of Lords became the Court of Appeals.

Common Law developed as judges discussed real court cases. It developed as court cases were appealed to the House of Lords.

In 1776, changes in English Common Law ceased affecting the Common Law in the United States. Since then the Common Law has varied in each state. Common Law has been modified by statutory law passed by the legislatures.

Still, much is similar between states. Human nature has not changed and most of the original common law dealt with human nature. Uniform codes have been proposed and most legislatures adopt them making laws the same in a number of states.

French law is based on Roman Law. It comes from legislation. Each judge basis his decision on the legislation and not on a higher court's interpretation. Thus two judges can come to totally different conclusions on the same information.

Dom Morgan

Answer 2

Common law is the combination of enacted and case law that is used in the United Kingdom and many of its former colonies. It was developed in the period after the Norman Conquest of England in 1066 when legal precedences were created by the judges appointed by the king.