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Question: Philosophy exam!! common law!?
need to define what is it and why we need it!. I couldve sworn my professor said it's like the laws that aren't written down or something!? But when I googled it it's totally more complex! I need to define it in philosophical terms and my exam is tomorrow and im soo desperate! anything would help! thanks!! =]]]]]Www@QuestionHome@Com


Best Answer - Chosen by Asker:
Common law is quite simply judge-made law!. So in a sense your professor was correct, the decision is not law, or written down, until a judge makes than ruling and thus it becomes common law!.

Common law is the sum total of all the cases decided by appellate courts in a certain state and thus common law differs from state to state!.

Today most new law however is statutory but common law still predominates in torts, contract and agency law, and it is still important in property and employment, as well as other areasWww@QuestionHome@Com

Common Law is law developed by courts and precedent like "No stealing and killing" and how you can get married or divorced as opposed to: "Set up a taxpayer fund to bail out AIG" or "the churches shall be tax exempt" or "You can keep no more than 12 AK47s in your apartment", which are the kind of laws that congress enacts!. Common Law is supposed to reflect the society's basic moral code!.Www@QuestionHome@Com