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Your question is a good one and to do it justice probably requires an entire thesis on the subject; however, in order to try and answer in a more succinct manner, I will answer it thus:

Presuming you are referring to the United States, or any other jurisdiction where common law (law effected by court decisions as opposed to statutory law, or laws enacted by legislation or statute), all it takes is a single court to rule on an issue that is in accordance with custom. In jurisdicitons where common law is recognized (the US and England being the most notable), a single court decision is "law" until it is overturned by a higher court of authority.

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Q: What criteria must custom satisfy before it is accepted as law?
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