What States are Common Law?
What is Common Law?
Common law is a type of law that is based on judicial decisions rather than legislative enactments. It is a body of law that has developed over time through the decisions of judges in various cases. Common law is often contrasted with statutory law, which is created by legislative bodies.
History of Common Law in the United States
The common law legal system came to the United States with English colonists in the 17th century. At that time, the colonies were subject to English law and the English legal system, which was based on common law. Over time, the American legal system evolved to become distinct from the English system, but many states still rely heavily on common law.
Common Law States in the United States
There are currently 39 states that have a common law legal system:
| Common Law States | Non-Common Law States |
|---|---|
| Alabama | Louisiana |
| Alaska | Oregon |
| Arizona | Pennsylvania |
| Arkansas | Puerto Rico |
| California | Texas |
| Colorado | Virgin Islands |
| Connecticut | |
| Delaware | |
| Florida | |
| Georgia | |
| Hawaii | |
| Idaho | |
| Illinois | |
| Indiana | |
| Iowa | |
| Kansas | |
| Kentucky | |
| Maine | |
| Maryland | |
| Massachusetts | |
| Michigan | |
| Minnesota | |
| Mississippi | |
| Missouri | |
| Montana | |
| Nebraska | |
| Nevada | |
| New Hampshire | |
| New Jersey | |
| New Mexico | |
| New York | |
| North Carolina | |
| North Dakota | |
| Ohio | |
| Oklahoma | |
| Rhode Island | |
| South Carolina | |
| Tennessee | |
| Utah | |
| Vermont | |
| Virginia | |
| Washington | |
| West Virginia | |
| Wisconsin | |
| Wyoming |
Advantages and Disadvantages of Common Law
Advantages
- Flexibility - Common law allows for judges to interpret the law in a way that is appropriate for the specific case at hand.
- Stability - Because common law is based on judicial precedent, it provides a stable and predictable legal system.
- Adaptability - Common law can adapt to changing social and technological circumstances, allowing for the legal system to remain relevant over time.
Disadvantages
- Complexity - Because common law is based on judicial decisions, it can be difficult to understand and navigate.
- Inconsistency - Different judges may interpret the law differently, leading to inconsistency in the legal system.
- Slow process - Common law relies on judicial decisions, which can be a slow and time-consuming process.
Frequently Asked Questions
What is the difference between common law and statutory law?
Common law is based on judicial decisions, while statutory law is created by legislative bodies.
What is the origin of common law in the United States?
Common law came to the United States with English colonists in the 17th century.
Which states have a common law legal system?
There are currently 39 states that have a common law legal system.
What are the advantages of common law?
Advantages of common law include flexibility, stability, and adaptability.