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15. No, "common law" does not refer to any
statute, whether passed by Congress or by a state legislature.
Common law is "judge-made" law. It is a body of decisions and precedents deeply rooted in English history. Before Parliament had fully matured, most questions were addressed locally. When similar situations arose elsewhere, judges looked back to prior decisions on the subject, citing them as authority for their own rulings, and then tailoring them to fit any novel elements in the case at hand. Thus, legal principles developed and enlarged over time. Common law is a legal framework in English-speaking countries: Canada, Australia, New Zealand, Great Britain itself, the United States -- but also, to a certain extent, in India, Ireland, and other places historically tied to England. |