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Common Law and U.S. History of Law

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Common Law and U.S. History of Law

The law of the United States originated with the very first colonies established in America. It was typically based on the common law of Britain. Colonies brought with them their values and morals, and based their individuals laws off of these ideas combined with Britain’s common law. Our laws developed at a slow pace until after the American Revolution. The Confederation of States held a Constitutional Convention in Philadelphia in the summer of 1787 (This Nation, 2008). This convention purpose was to establish a federal government, define its structure, and the rule of law for the land. The Constitution that was developed eliminated several common laws from Britain.
The Constitution set up a three tier government: Legislative, Executive, and Judiciary. This document gave the Legislature the ability to write laws; the Executive Branch the task of enforcing the laws. The Judiciary branch or Supreme Court oversaw the legality of the laws and how they were to be administered.
Even though with a Federal government making laws for the country, the states had the power to form their own governments, Constitutions, and laws. Many of the states developed or kept laws that were more along the lines of Common law. All the states except for Louisiana use common law. Louisiana uses French codes for their law (Lectric Law Library, 2012).
Common law or that which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was later adopted in the U.S. that is based on precedent instead of statutory laws (Lectric Law Library, 2012). Common law is basically where there is no precedent to rule on and the judge makes his own laws to cover a case.
Our laws of today are a hodgepodge of antiquated law, common law, and new laws.

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