Why do courts sometimes decide cases based on "common law"?

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nycparalegal
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Why do courts sometimes decide cases based on "common law"?

Postby nycparalegal » Thu Feb 11, 2010 5:44 pm

Can someone explain to me why a judge would rule a case based on common law rather than statutory or constitional law?

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TTT-LS
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Re: Why do courts sometimes decide cases based on "common law"?

Postby TTT-LS » Thu Feb 11, 2010 6:57 pm

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Last edited by TTT-LS on Tue Jul 06, 2010 5:31 pm, edited 1 time in total.

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nealric
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Re: Why do courts sometimes decide cases based on "common law"?

Postby nealric » Thu Feb 11, 2010 6:58 pm

The Constitution does not apply to the vast majority of cases. Certain common law doctrines have not been codified. The common law is still used to inform the construction of those doctrines that have been codified.

Keep in mind that the "common law" means two things: 1) It is the name for the anglo legal system. Strictly speaking, all U.S. courts (outside of Louisiana) are always working within the common law 2) it is non-codified judge-made law (what you were probably thinking of).

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traehekat
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Re: Why do courts sometimes decide cases based on "common law"?

Postby traehekat » Sat Feb 13, 2010 4:32 am

There are just so many different ways the law can be broken, or appear to be broken, there can't be a specific law governing every single situation. It is my understanding law professors love to taken students through a hypothetical or actual case and add to it, asking a bunch of 'what if' questions. Certainly there can't be a specific law to turn to for every change in fact or detail. So courts have to turn to common law to see how similar fact patterns have been decided in the past.

I'm a 0L, by the way, so take what I say with a grain of salt. :wink:

BobSacamano
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Re: Why do courts sometimes decide cases based on "common law"?

Postby BobSacamano » Sat Feb 13, 2010 11:27 am

You'll learn this the first week of class, so don't sweat it.

DukeHopeful
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Re: Why do courts sometimes decide cases based on "common law"?

Postby DukeHopeful » Sat Feb 13, 2010 11:35 am

You mean you havn't read the E&Es yet? You're already starting next year behind.... :shock:




JK :lol:

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pleasetryagain
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Re: Why do courts sometimes decide cases based on "common law"?

Postby pleasetryagain » Sat Feb 13, 2010 11:37 am

Im really starting to think OP is just a very elaborate troll. Either that or a Godspeed alt..




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