To: Mojave
States invent their precedents, standards and customs upon ratification of statehood?
The common law, in which we are talking about, is adopted by the states but was made up in England starting in the 1100's. The states had nothing to do with creation of common law. The common law can be changed or rejected by statute. Example is that under common law there was no tort cause of action for wrongful death, so unless there was a statute which allowed suit for wrongful death, there was no way to sue for wrongful death because it was not a cause under the common law. However, negligence was a common law tort, thus, you don't have to have a statute to sue for negligence.
360 posted on
08/26/2006 8:20:41 PM PDT by
jf55510
To: jf55510
The common law, in which we are talking about, is adopted by the states but was made up in England starting in the 1100's. The common law was "made up"? Fascinating.
The common law of California included elements of the Spanish alcalde.
Short term memory loss?
362 posted on
08/26/2006 8:32:07 PM PDT by
Mojave
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