Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 8 years ago

Does Common Law come under Civil Law? or Criminal Law?

can someone tell me if Common Law is categorised in civil or criminal law??

4 Answers

Relevance
  • 8 years ago
    Best Answer

    There are civil wrongs (against persons) and criminal wrongs (against the community, represented by the state). Common law has both civil and criminal wrongs.

    Don't confuse this with the common-law and civil-law legal *systems*, eg. English and American vs. Roman and French.

  • 8 years ago

    Common law is the law of a people such as in juries verdicts. It only means the laws in a societies behavior and responses. An example could be in a self defense case where a person is found not guilty even though he or she committed an act of assault. There is no law that permits assault, but the common law would provide the circumstances where it is legal to commit assault. Common law is also known as case law in both court systems. If in a State or Circuit court, cases similar to the complaint have resulted in a specific remedy, then those cases would b used to infer the out come and it would then be common law because the jury of said society commonly reach the same verdicts, making it common law of the society.

  • 8 years ago

    No, absolutely not. Common law is the practice of "stare decisis" or the use of prior judicial decisions known as precedents to define the scope, boundaries, and interpretation of law. It is the basis of English, British, US and British Commonwealth law.

    Constitutional,civil and criminal law are all defined by commom law practices and precedent.

    Source(s): Common Law and Liberal Theory John Stoner.
  • daysi
    Lv 4
    3 years ago

    person-friendly regulation is the physique of unwritten rules that got here to us from England, in accordance with traditions that more suitable over centuries. Statutory regulation, on the different hand, is written and exceeded by skill of legislators. criminal acts are defined by skill of statute; tort regulation grow to be more suitable by skill of person-friendly regulation.

Still have questions? Get your answers by asking now.