A Common Law Country

A Common Law Country

Ryan Long
Applied Business Law
July 23, 2010

Unit 1 Homework

Common Law
Common Law: “That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to legislature” (Page 5.)

Why is the United States a "Common Law Country"?
In my opinion the reason the United States is a common law is a “Common Law” Country Is because of the origins of “Common Law” which began in medieval England, and much of American law is based on English legal system.
(Miller, R.L. & Hollowell, W.E. (2008). Business Law: Text and Exercises, Pg.4,5). Among the common law founded at this time there was also: Constitutional Law, Statutory Law, and Administrative Law.

What is the primary distinction between common law and civil law legal systems?
Common Law: “That body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to legislature” (Page 5.)

Civil Law: “The branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.” (Page. 8)

The difference is that the common law is a basic system that was set up to organize the system with legal matters. This then grew into other systems because of the new crimes that were being committed the courts had to adjust the laws for a broader spectrum of criminal matters. Civil law deals mostly with the private and public rights rather than criminal matters alone.

Reference

Miller, R.L. & Hollowell, W.E. (2008). Business Law: Text and Exercises (with 2008 Online Research Guide), 6th e.

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