What is Common Law?
Common Law is defined as type of legal methodology undertaken by a specific jurisdiction; the adoption of statutory legal structure mandated by the precepts expressed within Common Law are considered to differ from those jurisdictions undertaking a legal methodology rooted in Civil Law. Common Law is considered to stem from Roman Law, which a multitude of historians credit as providing the earliest incarnations of legal statues and stipulations; not only were a variety of Roman Laws absorbed by the tenets of Common Law, but many facets of Roman Law are considered to be both legally – and structurally – sound despite its development dating back to 439 BCE.
Common Law Judicial Review
Judicial review undertaken by Common Law justices, as well as Common Law Court systems are considered to be heavily reliant on past judicial decision and sentencing in lieu of stipulations and legal tenets expressed in the textual incarnation of the law; this protocol of judicial review that is undertaken by Common Law legal system is a primary differentiation between jurisdictions employing Common Law and those employing Civil Law:
Civil Law enacts its judicial review in accordance to statutory precepts and tenets expressed within written and textual legislature; although justices within a Civil Law system may be entitled to expand or interpret the law with regard to their sentencing, the formulation of judicial review resides primarily on a textual, referential basis
Common Law is considered to rely more heavily – if not completely – on the legal statutes and stipulations inherent to Case Law, which is a legal field within which past sentencing and review are employed as legal guidelines for sentencing; in contrast to Civil Law, many consider Common Law to allow for a more constant restructuring of the justice system undertaken within that jurisdiction
Common Law Legal Practices
Although the United States is not considered to maintain a Common Law judicial system, there do exist elements of Common Law within the American Legal system. One such instance in which Common Law is maintained exists within the circumstance of Common Law Marriage:
Common Law Marriage
A Commonlaw marriageisclassified as a legal matrimony processes that allows for a couple who maintains romantic involvement to be considered legally wed; as in the case of a commonlaw marriage, couples eligible to wed under the precepts of Common Law are not required to participate in a wedding ceremonies; furthermore, these couples are not required to obtain marriage certificates. Although not recognized within each of the 50 United States, Common Law is currently practiced within select states – Couples recognized as legally wed under the precepts of Common Law Marriage are required to:
Present themselves as a married couple both in conduct, as well as lifestyle; this includes behaving in a manner that is indicative of marriage permanent and longstanding in nature
Share a residence for a substantial period of time while undergoing a lifestyle illustrative of cohabitation; this will include a requirement to claim one another as a spouse on all applicable documents, applications, and forms