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Common law has its roots in the laws and customs of Great Britain.  Common law was based on tradition, custom, and precedent.  Many of the essential features of the American legal system are consequences of British common law.  British common law was both codified (expressly written) and unwritten (but enforced through custom and social acceptance).  In civil cases, common law was developed to allow individuals to recover damages from the party liable for their losses.  Common law also applied to criminal cases prior to the adoption of criminal codes.

The common law of the United States has its roots in the common law of England, though its meaning has evolved through time.  The British system of criminal law is still largely governed by custom and a common unwritten understanding of what constitutes a criminal act.  Though the United States legal system is modeled after the British system in many ways, the United States is home to a contract society where the laws are more explicit rather than implied.  In contrast to common law, most US states have codified all their criminal law statutes. 

Codification is the process by which common law is expressly stated in a legal statute.  Each state is responsible for creating their own body of criminal codified law and in most states criminal law (much with common law origins) is entirely regulated by statute.  As a general rule, crimes must be well defined by a penal statute in order to be a valid charge against a person. 

There are a few ways that laws are made in the United States: legislative bodies can pass new laws, or the higher echelons of the judicial system can exercise judicial review and create new laws through case judgments.  Many case law rulings officially induct common law into our legal system. 

Common law is the term often used to refer to the process by which laws are made through the judicial system, rather than the legislative system.  Common law, defined as such, represents the power of the judiciary to create new laws, an authority which is embodied in the concepts of the United States Constitution. 

Common law or case law is the body of law established by higher state and federal supreme courts.  The US Supreme Court has created some of the most fundamental laws that exist in our country today.  Case or common law can have a significant influence on criminal cases.  When common law is declared through judicial ruling, it must be upheld by all lower courts. 

If you are interested in learning more about common law, please contact us to speak with a qualified and experienced legal attorney who can discuss your questions in greater detail.  A criminal defense lawyer has intimate knowledge of common law and how to use these laws to protect and maximize your legal rights in a case. 

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