Common Law Isn't Written Law
Common law isnt written law, it cant be changed, it stems from Magna Carta. It is the idea that if you dont injure anyone, then there is no crime.
Regardless of what people say, it still exists 100% today, but 99.9% of people in this country agreed to follow statutory law instead, which has penalties, even if there is no injured party. For example, anyone who signs up for a "drivers license", gives up the common right to travel, and instead enjoys the 'privilege' of 'driving'. So if you talk on your phone, or forget to put on your seat belt, the administrative officers, put in charge to oversee a 'subjects' of the drivers license may issue a citation for breaking a rule, even though no party is injured.
This is the same if you work for a company that has a policy of "no chewing gum" if you're caught with gum, you might get a fine. Chewing gum, of course, is a right, but by signing up to work for that company, you gave up the right to chew gum.
Well, guess what? You have given up MANY rights throughout the years by "signing" up for things: Social Security, Drivers License, Fishing License, Hunting License, Building Permits, Property Taxes, Identification Cards, Business License, Selective Service, Library Cards, Medicare, Financial Aid, Public School, Marriage License, Voter Registration, Jury Registration, and so on. NONE OF WHICH are mandatory!!!!!
ALL of these items are adhesion contracts, that have far reaching implications, without you knowing it. Some people will say "ignore these contracts" and work around them, I say begin terminating them for lack of understanding and intent, because once terminated, the contract is void....working around them keeps the contracts void, and keeps you subject to the terms therein.
Submitted by Acala on Thu, 10/22/2009 - 17:16. Permalink
Common law is the body of law created over many hundreds of years in the US and Great Britain through court precedent. It can be found in books called "reporters" that report court opinions. Those opinions can be cited as law (called case law) in court cases with similar facts.
Statutory law is law enacted by a legislative body or, in other times and in other countries, by monarchs.
Criminal law in the US today is almost entirely statutory (and often based largely on the Model Penal Code) with some common law tweaks and interpretations here and there.
Civil law (meaning law relating to property, contracts and torts primarily and NOT criminal law) as applied by courts today is partly statutory and partly common law. So a lawyer wanting to know what the civil law is will look first in the civil statutes to find any statutes on point. If he finds one, he will then look at the case law to see how courts have applied the statute he found because courts can change the clear meaning of a statute. If he doesn't find any statute related to his issue, he goes to digests of case law to try and find cases with similar facts to his issue which he can then cite to support his argument in court.
Submitted by juliusbragg on Thu, 10/22/2009 - 16:43. Permalink
ONLY if someones rights are affected, is there a crime under common law.
There is no "list' of "common laws"
a violation of a right means "injury", financial, physical, emotional, whetever the injury, there must be one alleged for there to be a crime.
THIS is what the court system was set up for. If someone claimed an "emotional" injury for example, because they saw someone making coffee naked through their window, the jury members (from the area) would determine if there actually was an injury, or if this person is trying to get some financial restitution for nothing.
or, if someone built a 30 story barn right on the property lot line and the neighbors garden died, the neighbor could allege injury. The jury would determine the results. Instead, today, we have blanket legislation to cover all possibilities. This ihas removed all of the personable responsibility...this is why officers no longer ask "DO YOU WANT TO PRESS CHARGES?"
the charges INSTEAD are pressed by the State, who is suppose to be there to maintain our rights.