What best describes common law in the US?

Answer 1

Settlers brought the basis of many of Britain's laws -- or at least some of the principles of law-- with them as settlers to the New World. But as the US developed, many legal "common practices" became "common law" as well as new situations that became "common law".

Common Law means a practice that was not constructed as a Law by the Federal or States' Legislatures. However, there is precedent, historically, behind what makes it a common law. Also, judges can make a ruling that creates a precedent that becomes a common law.

For examples:

A jury refused to issue a guilty verdict against William Penn preaching Quakerism. In fact, they went against the Judge's instructions and and any "laws", and instead voted how they saw the case. The jury was punished, but another Judge overturned their punishment. He decided voting your conscience should be the right of any jury. This became known as Jury Nullification, and still occurs today-- except jurors are not punished for it now.

In another case, a Judge ruled that parties should read written contracts. If you don't read a contract, you won't have much standing to seek redress from a court. This is one backbone of contract law now: read your contracts!

The idea of living "out of wedlock", but "as if" spouses in an agreed-upon "marriage"-- without a marriage license or marriage certificate--should be recognized IF certain conditions are met. For example, length of time a couple has lived together; living together 1 day or 1 month does not rise to "common law marriage".