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Do you know if we have common law courts in the U.S.?

The law of the sea.

Do you know if we have common law courts in the U.S.?

Postby hagaleah » Thu Apr 07, 2011 4:39 am

Or are they all Admiralty?
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Do you know if we have common law courts in the U.S.?

Postby dana » Thu Apr 07, 2011 4:41 am

Every court in the US is an Admiralty court, because the only cases we have in the entire country have to do with boats on international waters.

Common law is for common countries, and we all know about American Exceptionalism!

Great question about a little-known fact.
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Do you know if we have common law courts in the U.S.?

Postby tahmelapachme33 » Thu Apr 07, 2011 4:48 am

Thank you FAB for CHOOSING ME!! And let me know if you ever get in trouble with the law. I will be glad to represent you in Admiralty Court.
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Do you know if we have common law courts in the U.S.?

Postby lifton » Thu Apr 07, 2011 4:50 am

Your question is, itself, confusing.

Admiralty law is usually the same as maritime law -- it has to do with matters pertaining to the sea and boats on the sea. It also incorporates treaties between countries. http://en.wikipedia.org/wiki/Admiralty_law

Common law is law based on prior court rulings. http://en.wikipedia.org/wiki/Common_law All courts consider prior rulings on a subject. Common law is not the same as statutory law, although courts do tend to rule on what a statute actually means. And, conversely, many statutes are common law codified into statutes. That is, the state took the rulings made before a law was written and made that into a written law or statute. Or they looks at rulings and the legislature decided to enact a law to fill in some confusing or neglected point. All states in the US have statutory law in most areas, and no longer rely solely on prior decisions by earlier courts.

Statutory law is the law as written by legislatures. Those laws then often have to be interpreted by courts, especially if they are not clear on their face or if the wording conflicts with other laws.
it tends to get cyclical until such time as the rulings and the statute say the same thing.
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Do you know if we have common law courts in the U.S.?

Postby smid » Thu Apr 07, 2011 5:00 am

If you are asking if there are any courts that apply common law exclusively, with no reference to any statutes or constitutions, there are no such courts. If you are asking if some courts apply common law sometimes, when there is no applicable statute, almost all.
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