common law = unwritten law that is common to a particular society or set of people. (the word 'common' is an adjective modifying the word 'law')

The "Common Law" = a two-word noun signifying a specific type of law of a certain area; do you belong there? (the word 'common' is NOT an adjective modifying the word 'law' in this sense)

Another example: The "United States" is not equal to united States.

A common law court of record is the court of man, and; the record in said court is formed in living voice.

All other 'Courts' are for 'PERSONS' and the record is formed on paper since 'PERSONS' do NOT have vocal chords; man is NOT a part of the case in such a court unless he submits to a lower capacity.