This is the law of the land. The law that people make between themselves in a community. When a community gets big enough, they can elect a common law court, and a jury of your peers’ judge you based on:
- What they know of you.
- What would be reasonably expected in your case.
- What has happened in past similar cases.
The last one in particular goes to make common law. Obviously, if enough people do the same things, it makes sense to pass a law citing that this is now the standard practice (or common to all). The problem with common law is the difficulty of making a precedent (a new law that goes against an already established law). Often as the laws expand, it becomes more difficult to create a precedent – after all, what’s so special about you, that you should have an exception no one else before you had.
One other important point to note about common law is that it must be written in common language. That is to say, the language of the land spoken daily by everyone. As everyone should be able to understand it. Obviously, if the language of the land is Galic, or english, or French etc. Then it must be written in that language. With this in mind, it’s law, for the common person, written in common language. This is what makes it common law. You dont need a solicitor, barrister, judge, or special dictionary to explain it to you.
For example. In common law, the word person means what you think it means. The natural living man or woman.
But in legalese (positive law – acts) it not only means the above, but also companies (such as government, Garda, Regulatory bodies, Councils, private or public companies), trusts, and many other types of so called dead or fictional entities.
The reason the above distinction is important, is because may such acts refer to the person, and you thinking you can read english, think you understand what is happening. But actually you have no idea they are referring to a company or even themselves. This is the exact purpose of legalese, to confuse and control. Even solicitors, barristers, and judges often need to look up definitions and reinterpret what they think is their law. If those that made it cannot understand it, how can you (a common man or woman) be expected to understand it?
In common law countries, this is the basis for all law. This is why common law supersedes all other laws except natural law. To understand what is going on, simply review past similar cases and you will have a greater success rate if you can find enough of them that are similar to yours. Even if you can find only different ones but have a good grounds for an exception, you will have a better chance of success than if you do little or no research into previous cases first.