English Common Law, Essay Example

English Common Law is the system of law that forms the basis of the legal system in Great Britain and other English-speaking countries, particularly former British colonies, like Brunei, Canada, Hong Kong, and the United States with the exception of Louisiana. Common Law originated in England with the help of three courts – King’s Bench, Exchequer, and the Court of Common Pleas –  aimed to establish a system of law capable of superseding the judgments of local courts. Basically, this body of law uses custom and general principles as basis embodied in case law, thus serving as precedent or applied to various situations that are not covered by statute. Under this particular system the decision made by court regarding certain case becomes part of the body of law and can be applied in cases involving similar matters later on.

Unite States is a common law country, for it was adopted as a general law of the state in all states except Louisiana, but only in case if it is not against the statute. The Criminal Law of the Unites States derives from the original English common law of crimes and takes its origin in the judicial decisions embodied in decided cases reports, and it has been modified to certain American conditions. For example, in most of the states it has been abolished by legislations, thus no person may be tried for any crime that is not indicated in the statutory law of certain state. However, even in these states the principles of common law still apply, for the criminal statutes are usually codifications of the common law, thus their terms can be inferred by reference to the common law. In other states not specified prosecutions for common law offences sometimes take place. Furthermore, in couple of states criminal codes are simply collections of individual provisions that do not implement any theory of control by penal measure and which parts are not related to the whole.

References

Homes, O. W., & Novick, S. M. (1991). The common law. Courier Dover Publications.