Common Law

Common Law derives its powers from universal consent and the historical practices of the people. This legal system was developed in England and later adopted by the US. It is also known as case law and is created by judges when deciding cases.

According to the information I’ve found statutory law trumps common law, and common law only applies in the lesser courts of the same jurisdiction where the law was established.

Maybe you could use it to squeeze by in a Jury trial but its far from dependable as far as a legal defense goes. Otherwise common law is only applied when there is no statutory law addressing the nature of the case

In the case of Federal Common Law, it is only applied to Federal issues that meet the same requisites, but can also be over turned by a Congressional Ruling.

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