However, the law merchant cannot override the local laws and commercial usages of any state.Ĭhristianity is part of the origin of the common law.
It is defined as the system of rules and customs and usages generally recognized and adopted by traders as the law for the regulation of their commercial transactions. Similarly, a law merchant is recognized as part of the common law. The term “common law” includes those doctrines of equity jurisprudence not mentioned in the legislative enactments. The principles of equity are regarded as a part of the common law adopted in the U.S. Similarly, the English statutes passed subsequent to the adoption of the common law in the U.S. courts are not required to adhere to the decisions of the English common law courts, regardless of whether they were rendered before or after the American Revolution. In order to ascertain the principles and rules of the common law, the courts may look to the decisions of other states of the Union, as well as to those of the English courts. However, the U.S courts do not solely depend upon the expositions of the courts of England. However, if states were formed from acquired territory where other systems of law prevail, then the question of which system prevailed was determined by legislative enactment or judicial decision. When new states were formed, they also adopted the common law system either by an express provision or by a judicial decision. The common law has its roots in the U.S continent with the first English colonists who claimed the common law system as their birthright.Īfter the American Revolution, this Common Law was adopted by each of the states as well as the national government of the new nation. The English common law originated in the early middle ages in the King’s Court (Curia Regis) and eventually led to the formulation of various viable principles through which it continues to operate. The Common law applies only to civil cases.Įngland is the origin of the common law that exists in the U.S. In other words, common law includes those principles, usages and rules of action applicable to the government and security of person and property, which do not rest for their authority upon any express and positive declaration of the will of the legislature. The Common law is a body of law based on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute.
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