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Essay / Research Paper Abstract
This 3 page paper examines the common law system in the U.S. and its history. British history is touched on as well as the Founder's design of the system of checks and balances. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA444law.rtf
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Unformatted sample text from the term paper:
British colony or territory ("Common," 2004). Statutes that for example indicate English common law are thought to be interpreted in respect to the common law tradition so that one may
leave a number of things out as they are already understood from case law or custom (2004). For example, there is no law on the books that abortion is legal,
but it is understood that every American can have a legal abortion due to Roe v. Wade. That is a legal precedent or what is referred to as case law.
In examining common versus civl law, and how law is practiced in the United States, things become complex. Understanding law in the U.S. is intricate because when
the Founders created the Constitution, there was a great compromise whereby the federal government would only control so much and a great deal of law would be left up to
the individual states. Today, there is argument regarding gay marriage. Most people believe it should be up to the states but there is also a movement to alter the Constitution.
Generally speaking, state law tends to preside over much of the law of the land. For example, in California , there is "a system based on common law, but
it has codified the law in the manner of the civil law jurisdictions" (2004). Also, in general, criminal law for example has been codified in many of the states (2004).
This means that an actual statute is passed with the "intention of restating the common law position in a single document rather than creating new offenses, so the common law
remains relevant to their interpretation" (2004). In many law schools today, the common law of crime is taught because the colonies would eventually break away from the common law tradition
...