You have probably already heard the term somewhere in Yorkshire, but do you know exactly it means? Let’s take a look:
- Common law is a method of the law that has been created by resolutionthat were made previously by courts and not established by legislatures or any other type of government administration.
- The reasoning that is utilised to fully comprehend this type of law is known as casuistry, or case-based reasoning.
- This is a principle-based method of reasoning that uses the conditions of a case, to judge which laws should be applied.
- And the decision that has been made about cases of the same type are deemed valuable, and the case at hand will be evaluated on the basis of previous cases.
- The strength of the resemblance between such cases, will, in turn, strengthen the reasoning which is based on them.
- Anyone seeking expert family solicitors in Yorkshire, should contact and consult with legal experts in such a field of necessary expertise.
The Uniqueness of the British System
The term “common law” itself also features the fact that this type of law did not derive from equity, maritime and other specialised sections of law. Statutes are in place to serve as precise explanations of law and as a result, are not always that explanatory. Codification is the series of procedures by which a statute is passed and then expressed within a document, so that it may be assumed to be within existing law instead of the creation or need for any new ones.
Common law is at thefoundation of the legal system in the United Kingdom and other English-speaking countries, especially those that in the past, were British colonies, like most of Canada, the United States, Hong Kong, various African nations and what is now known as Sri Lanka (in former times, Ceylon).
Common law was created in England by three courts:
- King’s Bench
- Court of Common Pleas
All to generate a system of law that would override the judgments of any local courts. Plus, in terms of its range of capabilities to civil law, common law was and has been utilised to compensate people who have suffered from wrongful civil acts, which are usually known as “torts”.
Different and Common Law Relationships
However, not all previous British colonies and English-speaking nations make use of the same legal systems which are based on common law. Places like:
- South Africa
All have pluralistic legal systems that combine civil, common, customary and religious law. Also, Louisiana and Quebec use French law, and the South African legal system is based on Roman-Dutch law.
Any oral or written agreements can be formed between partners if they enter into a common law relationship. This is the same with a prenuptial agreement, in which a written common law agreement declares that the ownership of property and what occurs should one of the partner’sstops living.
If you’re in Yorkshire and require professionaladvice in the legal system, make sure to hire renowned experts with the experience to match