"Rahul Dhesi" <[email protected]> wrote in message
news:[email protected]...
Rjack <[email protected]> writes:
American common law is historically based upon English
common law:
"1. This Act shall be known as THE CIVIL CODE OF THE STATE OF
CALIFORNIA, and is in Four Divisions, as follows:
. . .
22.2. The common law of England, so far as it is not repugnant to
or inconsistent with the Constitution of the United States, or the
Constitution or laws of this State, is the rule of decision in all
the courts of this State."
Interesting. When I quoted an Australian law professor in the context of
defining common law contract terms, Rjack took exception, because he
thought such things are determined by the US Circuit courts. Now he has
reversed himself and suddenly English common law is viable again.
What new profound insights will we he provide us with next? Stay tuned!
--
The two are not really in conflict. If a circuit court rules on some
specific element that would seem to apply to a subsequent case, it would be
cited as a governing decision. In the absence of any such previous
decision, an argument would revert to some construct of the common law. Or
if you were on the wrong side of the circuit court decision, you might also
argue some other spin on things. It is what makes the whole thing so
interesting. You just never know.
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