Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals that decide individual cases, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch http://en.wikipedia.org/wiki/Common_lawQuote:
Originally Posted by David Merrill
Bouvier's Law Dictionary 1856 EditionQuote:
Originally Posted by Chex
COMMON LAW. That which derives its force and authority from the universal consent and immemorial practice of the people.
I guess one's definition is determined by one's presuppositions and belief sets.
I do not let "decisions of courts and similar tribunals" define common law for me.
Thank you. Your case sets precedence.Quote:
Originally Posted by BLBereans
You're welcome. However, "my case" does not bind you unless you let it.Quote:
Originally Posted by Chex
Let's see...
“…the United States, … within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a CASE LAW remedy, where the CASE LAW is competent to give it; and shall also have exclusive original cognizance of all seizures on land,…” The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated – Analysis and Interpretation – 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.
Doesn't have the same ring to it does it?
:)Case Law and Jurisdictional Scope Under Rule 1Quote:
But the cowardly, the unbelieving, the vile, the murderers, the sexually immoral, those who practice magic arts, the idolaters and all liars--they will be consigned to the fiery lake of burning sulfur. This is the second death."
It is a long established principal that the law is written to means exactly what it says , and is not subject to interpretation or inference in anyway whatsoever
The record of court actions, called case law, shows how U.S. judges have imposed their personal (rather than LAWFUL) discretion and opinions upon persons through the corrupt process of making "new law" under "personal" precedent and not lawful or judicial precedent.
In so doing they ignore Due Process of Law and make it possible to illegally control the lives, liberties and property of naive/ignorant persons present in the courtroom, who do NOT understand the legal limitations imposed on the Federal government by our Constitution, or who, for some unstated reason, choose not to make those limitations part of their defense arguments before the jury.
Case law is only binding on the litigants in the case out of which the ruling comes.
Case law cannot be expanded to apply to other complaints or cases because Article I says "ALL legislative powers shall be vested in a Congress", which of course means that judges can't create or make up new laws as they have been wrongfully doing.
Only Congress can make new law, or alter existing law. (It does say "all legislative powers", NOT 'some' or 'most'.)
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE http://www.law.cornell.edu/uscode/text/18
The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language Page 168 U. S. 103 that he has used. https://supreme.justia.com/cases/fed...8/95/case.html
Sounds like the "case" of defining common law as 'case law' has little to no merit, especially in the context of the 1789 saving to suitors' clause. Isn't this site named after this clause?Quote:
Originally Posted by Chex
Thank you for that BL Bereans;
I am rethinking that common law and case law are synonyms...
Maybe common law is more the common usage and custom and it defines the judicial structure that relies on case law heavily to establish the precedent called authority.