Common law is in effect legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are codified as Acts of Parliament, the common law is constantly changing.
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This is because of the fluid way in which judges interpret the law using their knowledge of legal precedent and common sense and by applying the facts of the case they are hearing to those prior decisions. English law works on a common law system, as opposed to a civil law system, which relies on statute and certain texts.
Origins of the Common Law
Common law is an invention of the English courts: the Kings Bench, the Court of Common Pleas and the Exchequer so as to ensure, as remains the case today, that there were laws that superceded the decisions of the lesser courts.
Judges create the common law by delivering written judgments about the cases before them. If, for example, Magistrates' Courts across England and Wales were able to make and follow their own precedent, this would create a huge variation in local and regional customs that could mean that local regimes are barely recognisable from one another.
The common law ensures that the law remains 'common' throughout the land. However, as it is the Supreme Court and the Court of Appeal (Criminal Division) that create the legal precedent in relation to criminal matters in England and Wales, it is the decisions made by these higher courts that bind the lower courts.
There are some situations that are entirely new in relation to the common law, and the English courts do sometimes look abroad at the decisions of other commonwealth courts in order to seek direction or guidance from them. For example, an English court may be asked to consider a case decided in Canada or Australia in the absence of there being any precedent set in an English court. This can also assist in allowing the common law system to have a degree of flexibility but also, because courts look to each other for guidance, a certain level of stability too.
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Try our Legal Jargon Translator free, here on this site →Common Law and Statute Law
Although the English legal system is founded on common law, that is not to say that statutes are any less binding. In fact, statute law codifies certain rules whereas the common law provides interpretations, and clarification when facts of instant cases are applied to the codified law. As a result, the common law and statute law complement each other well: common law keeps statute law up to date and in keeping with modern problems and solutions, as well as creating precedent where there is no statutory codification.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Using the Common Law
As a lawyer or legal student you will often be required to research a point of law to check the current legal position in respect of a particular statutory provision or factual scenario. What this means is that you will have to research whether there is are any relevant statutes that relate to the area you are considering, and then look at recent (and sometimes not so recent) case law decisions of the higher courts to see if there is any other guidance thereon. Once you have identified these, it is also very important that you ensure that any statutes you have found are still in force.
Further, check that any case law decisions have not been subsequently overturned either by more recent case law, or by a judgment of a higher court (e.g. Supreme Court overturning a Court of Appeal decision) or because a subsequent Act of Parliament has codified the common law and by virtue of the new statute the law has been amended or changed.
I the General Dental Council a court room.
Do they have laws or ethics to govern dentist and DCP in U.K.? What is the common difference?
D
My great grandfather lived in Maltern Yorkshire .My grandfather was
born in Zambia and my farther, am now on gvmt pension .Can you show me how to get full British citizenship ?
I am from Rhodesia , left when they started murdering Whites ...
How much will you charge ? I think I have to pay £1330 to get naturalized, any way
round this not flush with cash ?
Please let me know I want visit my son overseas but not sure I will be let back in on my return ?Can't lose my pension all I have !
Better to be an asylum seeker ..
Many thanks
Colin
Also I believe that to say on their document 'Can't Pay? We'll take it Away' is a threat made before conviction and nullifies the original issue.
Can you conform this?
How can i take someone to a common law court?
My partner who I have been with for the last 4 years has been subject to some unfortunate events in regards to his children and marriage prior to my relationship with him.
His ex wife and children were taken away from them without his consent and taken into government care as his wife was involved in substance abuse.
My partner was removed from the family home prior to this as his ex wife and himself had fallen out regarding a family matter.
On my partners return he returned to the home discovering that his children had been taken away without his consent, but by the consent of the mother.
During this time my partners ex wife was in the process of being evicted from their council family home due to her substance abuse.
It was then that he had to survive (as he could not return to the home) by living in a shed he had bought until he figures out what he could do.
Might I mention that my partner is not a uk citizen but a Trinidadian who was in the process of paying for his 3 set of 2years stay within the country.
After taking some out with a friend on his farm in Kent my partner returned to find that his shed has been burned down with all his documentation, passports, and evidence that he had to support him as a temporary citizen.
He was then subject to living on the streets in which time his temporary stay had expired.
My partner has no family in this country other than his children.
I developed a relationship with him and have sought to help in all that I can including trying to reapply for citizenship which costs £3,500.
In accordance with common law I would like to know whether you could advice me in the matter if possible.
His children (6 in total) have been taken into care by his ex wife’s step mother. Who are being paid by the government to house them.
Surely this is not right given that he is the birth father and had not given consent to this happening.
Should not the government support the birth father to look after his children if he is the father?
The birth certificate is proof that he is the father and their are witnesses that he has been a constant figure in their life.
He has attended court hearings and contact centre providing for the children still, but their is not support for him.
Please kindly advise
Now the cooperation of London is bankrupt are the courts even operating legally, if so how, as any other cooperation would be deemed fraudulent?
Many thanks
Emma of the Searle family
I was involved in a harassment in 2019 involving a one stop shop. My right to be informed was restricted by police of whether they had cctv from a period of September. I was told it was evidential value to know and so of or providing evidence when I attend the station.
The controller however had other ideas and sent me emails before police told me they did not have such footage that police did in fact have this cctv footage. So police told me they did not have the footage. Two days after that I was told by the shop again police did in fact have the footage.
This continued for until now . Of the shop informing me police had cctv footage and police informing me they did not have the cctv footage. Ultimately I had a right to be informed and it is noted in law enforcement directive and dpa guidance of how police have the power in their operational need to restrict a right to be informed of processing activities to not prejudice an investigation and prosecution of criminal offences.
Yet , when police sent me a dsar response over a year later because they were backlogged providing what I was told when I attended the station that they did not seize or retain cctv footage . It solves nothing , because the controller tesco group nevertheless ascertained police in fact had this footage . I’d describe as non compliance in my right to be informed which when told otherwise before this attendance at the station by tesco group that police had the footage prejudiced the investigation and prosecution of the criminal offence which was lowest level adult simple caution but still.
So tesco got smart and decided to respond in meticulous manner sabotaging a context in the content of what I received from tesco before they began to deface my data subject access requests for information.
They did this by using the original footage as a means to confuse my requests without responding to the copy of footage in question and simply told me their period of retention and they can not provide the data so to speak .
I so then enraged sent inappropriate emails to tesco plc legal knowing the domain I knew every legal on law society and addressed emails to legal and ceo coo also Devon and Cornwall constabulary.
I am now in a pickle and find myself with question.
I will be prosecuted for my reign of fury. But. I’m thinking about Clause 39 and 40 Magna Carta which brought me here .
And that is because of how it all relates back to a right to be informed when I had a harassment charge against me in 2018 and deserved disclosure of that I would of otherwise received if it wasn’t for tesco group supposedly.
The supposed part is this.
Under section 173 is an offence similar to that of the foia. They are actually identical . On one hand I say tesco had the intention to conceal footage was deleted than the deleted of footage . I mean that by creating a casual link and playing tesco at their own game because obvio
Can I have a link or document to check?
Chris
Did you ever find out if you can get proper responses here?
You are choosing only to answer questions you might have knowledge of instead of going all out to find an answer or indeed a friendly response instead of just ignoring people..
A joke for sure
I have recently learnt that The Trace Act HR6666 in the US allows a government official to take a person from their family home if they test positive for Covid 19.
If this is adopted in the UK what are my common Law rights? I wish to be able to peacefully exercise my rights for myself and my child to stay at home.
Also what are my rights to refuse the erection of a 5G mast in a location near my property which will project unwanted EMFs across my boundary into my space.
I await your reply. Thank you for your time.
Best wishes
They was no cameras in the car park
But the man who lives next door thanking photos on his phone and sending them to the company
I have applied for a common law card can I use this not to pay it as they want £100’
Thank you
Can you provide one?
1. My liability to the council
2. The name of the person making the claim
3. Their signature
As a corporation theese cannot be provided,i am also going to stipulate a £500.000.000 charge for any further attempts to collect by mail or if any agents turn up at my door to harrass intimidate and extort from me.
I believe im on the right legal side and it is my right.
What advice do you have for me about this and what steps should i take if they attempt collection after i have sent it,obviously I'll be wanting them to pay up or I'll have to start removing council property,not sure where that process starts though..
There are separate legal systems in place on this isle and common law is different depending of which Jurisdiction you are in.
If you wish to give information on English Common Law then your graphic should only show the Jurisdiction that that law applies to, it is misleading to people that might live in another jurisdiction and think that had a right that they perhaps dont.
My solicitor are claiming under the Product Liability without prejudice and confidential claims review process that they agreed with DePuy.
Does this prevent me from in the future pursuing to take my case to The Common Law Court to sue for additional damages and financial losses?
"Common law is an invention of the English courts: the Kings Bench, the Court of Common Pleas and the Exchequer so as to ensure, as remains the case today, that there were laws that superceded the decisions of the lesser courts."
The Great Common Law was established by Alfred the Great. It was established based on 3 principles:
The law should express universal principles of fairness, truth and common sense.
Just law depends on the inherent dignity and freedom of every individual and the principles of fairness, responsibility, reason and truth.
People have to be confident that when a person breaks the law he will be punished. They have to trust that the law is impartial and constant.
Your definition above stated -"English law works on a common law system, as opposed to a civil law system which relies on statue and certain text".
Referring to Blacks law dictionary - the word statue is not defined as a law, as such nor would be bills, acts, or legislations! As these are government policies to reduce the people's freedom and generate income! And as such are civil, which is why we have civil enforcement officers.
Can you also explain why the courts of this land are a profit making corporation, registered as such For all to see. And why common law is addressed as a secondary concern within uk courts, especially in statue cases, As by doing so the judges/magistrates are failing in their oath!
Personally I feel the uk court system is a corrupted, fraudulent, money making corporation, that doesn't respect the people of the land and has no honour!
I wish to file a claim in a public forum to have this man restore my property but want to know where the best place would be to present it?
(Although your comment box has asked for a title I wish to present this claim as a man under the common law not as a person governed by legislation)
Regards, feeling fleeced
We was ready to leave to take her home. When we began arguing.
She rang the police (999) to say I thumped her on her chest... I never
did! I took her home after that. But police called at her home the next day.
She says she didnt press charges but they said they would have
arrested me down there. But they were not sure of procedure up here
250 miles North. Like I said I never thumped her just shouted at her.
She had been drinking heavily usually she can. Know she got
previous boyfriend put under restraining order too. She suffers paranoia
and mental health issues. Most times you can have a normal conversation.
Just want to know as the police seem to believe her at this point; Hopefully
they will see through the lies. But what I can do? Can I refuse consent to Acts and
statutes of 'domestic violence' charge in my own home(rented) as some
say Acts and stautes only apply if we the governed consent to them? Especially,
as she lied. I do not want to just sit back and take no action while the police
charge me on a 'claim' by an intoxicated woman, when its not true.
An example is our rights under Magna Carta and the Bill of Rights. Magna Carta states that we cannot be fined without coming before a jury of our peers and The Bill of Rights states that if we have been threatened with a fine the original reason for the fine becomes void.
Bookofthelaw.org
Everything you want to know is right there so go use it to their advantage.
so this night i had stabbed myself in the chest with a knife and the ambulance and police came out,when i was in the hospital i went into the toilet where the police proceeded to follow me to insure my safety whilst in there i attempted to harm myself further,the police officer went to grab me and i turned round and as my hands swung about i caught the officer (accidentally) in the groin. I was arrested but later de arrested,i have now recieved a letter for me to attend court to answer the charges,i already have a caution so have you guys got any advice,do you know what is going to happen/what i should do.i live in cheshire and think i need a solicitor but i dont know any can someone also help with that. Thank you.
for doing. I gave my correct details but was never asked to sign the notice which the statement above reads... I acknowledge receipt of this penalty notice. Because I have not signed the notice does it still apply and have to be paid?
So called 'illegal' acts are there to steal our money, no more no less.
ie: Fines for a multitude of misdemeanours, millions made for our criminal government to wage war on innocent people in the Middle East etc.,
Urinating is a 'natural,' necessary function, it is not a criminal act.
Obviously we'd do it with discretion, as this chap tried to do. The police are the criminals here for penalising someone carrying out a bodily function. It seems fine to have women's breasts all over the papers. Pornography splattered all over the Internet, but have a pee and you're ' busted!'
Something very very wrong with the judiciary system. The police are turning into thugs and killers the ones who took an oath to PROTECT.
So back to the Summons......an invitation to appear in our ignorance. Ask the Judge if he's Acting on his 'oath and see him squirm. Or even stop the case and send you away.
Legalise= to fleece us of our money, period!!!!!
Am havingthe same problem with Bertie.Junglist
Can I DEMAND to be heard under Common Law ?
I do use cannabis for self medicating ONLY as have serious issues with Doctors who are on commission for prescribing 'their' ineffective drugs to me which have never worked
hastily waiting for your reply as i live in fear everyday due to this
Money is taken from my benefits b4 I receive them meaning the amount the law says I need to live on is insignificant, I've ask for these to stop even offered to pay at later date but no they refused straight away surely this is illegal taxation and slavery not to mention money laundering
I await you response
I would like to know, as common law is what we are all entitled to use as humans and the legal system as you all know it is not law but that what is made up of rules in order to control everyone that consents to it, and we are entitled to be governed by the common law, then why are the courts and police standing for the rules made by parliament and forcing them upon us instead of following what is on their sworn oath which they make to the queen and the common law.
As for your second question. A police man or constable is a peace officer employed to serve the community and uphold the law. No harm, no fraud, no loss and no breach of the peace. A police officer is employed as a private baliff to enforce the terms of a contract. If a constable is under oath, which you should always ask them, them he can only act as a peace officer and not arrest you for acts or statutes.
Thanks for any replies I receive.
Just curious...
Does the court gain jurisdiction by majority or can I contest it alone?
She has a picture of a dog of her profile. She is a sovereign citizen who's went through all correct channels. She's realy clued up on common law.
My spelling is not the best neither is my grammar
I would please like to no if there is anything I can do regarding
A court case I have to attend on 22 of May
Which I was wrongfully arrested of criminal damage
Only criminal dadage this was a wrongful arrest with
No witness Evidence no cctv or anything
So During my interview at police station I decided
To give a no comment interview because they are
Trained to use your words against you no matter
How innocent you may be
4 hours After the interview I was then let out of the
Cell baring in mind I had been in their over night
The sargent then told me I was being bailed to attend
Court on the above date for section 5 breach of the peace
This was not what I was arrested for and it was not even
Mentioned during interview so please tell me how do
I claim common law and turn down my invertation
To court without being subject to arrest again please
Because whether I plea guilty or not guilty in court I'm
Entering a contract and allowing them jurisdiction over me
I have not done nothing wrong do I still have to go
Or is there please a link you can place up here if you can't directly advice me
Thanks for your time
what if an individual is lying to you and what if an individual is in need of psychiatric evaluation? And has not been totally transparent with the whole truth and nothing but his/her reasons to make an application of parental responsibility... do you simply still give them advice and never include what your viewers ask you questions about and not really care on questioning their mental ability to even stand in court. How will the court deal with this to the person, that's allowed the court to deal with their private business and the children evolved? Giving advice is all well and good but not questioning the person your giving advice to I personally think is not very responsible.
i have been railroaded in county, magistrate's and crown courts on a family matter, i have been harmed for their financial gain and now hold restriction orders, dom violence course, probation, been imprisoned and a host of other things all on allegations.
i feel that the only chance i have of any meaningful justice is in common law. how can i start a claim in queens bench? (the one that nobody seems able to find)
your comments, suggestions, support and experiences are very welcome
thanks
My ex didn't attend court and instead sent a letter stating under common law she does not need to attend court and allow me to see my children.
My question is how does commin law apply to child contact orders?
And also whilst claiming common law she has reported me to the CSA, purely out of spite as we had an informal arrangement up until December, how is it possible to claim common law in one instance then use her PERSON in another when it suits her?
The judge has now issued a new order and if she fails to attend court again she can be sent to prison as a last resort, how will her common law stance hold up against this? Any help much appreciated.
When you are summoned to court over non payments under statute laws (e.g. council tax) the council hires out the court for the day and sends in one of their own counsellors to ACT as a magistrate! which is a form of fraud and can be questioned upon your hearing ;)
Master Leslies chief clerk for failing to pass to master Leslie a legal notice that I served at the court.I doubt if I will succeed but you students presumably believe in the rule of law. Please research it and use it.What I have stated can be verified using Blacks Law Dictionary. If you can prove what I say is wrong giving reasons I might be upset but very grateful for being corrected.
Moderator. Please pass my email address to Margaret.
Master Leslie at the Royal Courts of Justice in the Strand has told his staff to direct people wishing to make a claim in the common law court to the admin courts. He refuses to discuss the subject and hides behind his staff.
You should now be asking WHY?
This is because a judge in an admin court, (all those except a common law court) cannot be sued if he makes a wrong decision or even an illegal decision. So private prosecutions brought by an individual against any authority will fail at the first hurdle. Normally to a person wishing to lay an information of crime either does so in front of a justices clerk or a justice of the peace. But they call in a district judge to hear the information of a private person who cannot SEE (legal term) the evidence presented to them and they dismisses the case as having no merit. I'll use one example I know of from trying to use the process. My example is not so serious as the Rotherham cases but it will explain how the paedophilia was hidden for so long. I treid to lay an information against a chief inspector for refusing to record a crime and investigate it as required by both statute and common law (Henry de Bracton)
The crime was broadcast on BBC and evidence is still available. The three Chief Constables in the Plebgate Affair admitted before the Home affairs select Committee that they met and agreed to materially alter a legal document. You know that the lower ranks were correctly prosecuted but nothing happened to the Chief constables. The judge who heard my evidence dismissed my evidence as being without merit saying "just because a man has a statutory duty to do something it does not follow that if he does not do that duty that he commits an offence."
So I tried to use the common law court but find that I am blocked by Master Leslie and the ministry of justice.This is because a judge can be sued in a common law court.They must follow precedent or go on oath and for the record explain why. Had I been able to open a common law court I could easily demonstrate that the Chief inspector who refused to record the crime had caused me harm. The judge can make the decision IF I ALLOW HIM TO (check it out) but in this case I would ask for a jury trial AS IS MY RIGHT at common law.
I am using the Freedom of Information process asking the Ministry of Justice when the common law was closed down and also have a crime complaint accepted by the Met against Master Lesli
I need some advice regarding my partners case. 5 months ago he rang the police for help thinking his flat was getting broken into as he heard voices and door was unlocked. When he came out as the police arrived no one was in the house but my partner was under the influence of drugs and alcohol. The police then came in to speak to him at the time they saw him waiting outside the flat. a police officer found a kitchen knife behind the door and he called back up. took my partner in as they felt he needed to sober up. Whilst they took him they searched the property and found what was a broken taser in the house in a kitchen cupboard which they took. Later at the station they didn't search him but he told them he had canabis on him which they confesscated from him. They later interviewed him. He explained he was under the influence and thought he was being burglared. They then released him on bail the following morning. They delayed his bail a few times.
Today he went answer bail and have charged him with the following:
Possession of a kitchen knife in a public place. ( it was found behind the door by one officer, he was not on the street with it)
Possession of class b drugs ( canabis ) his on personal use)
Possession of a weapon for the discharge of a noxious liquid/gas/electrical incapacitation device ( my partner bought this from a flee marker at the time it was working and uses only as a torch and was he was not aware it was a taser neither did it work as one)
He is planning on pleading not guilty as the charge for the knife is false and the taser but he is pleading guilty for possession of the drugs as he admitted to that.
What are his chances and can he fight this case?
If he was found guilty what would he be looking at?
My main concern regarding this is I have on recorded phone call that data held is incorrect,
For it to be correct would be Illigal also,
How do I resolve this issue peacefully as I no this cooperation will attempt further action
Also she had being threatened by her husband's solicitors of going to court unless she signed the consent.
Is the certificate of the divorce valid in Canada and the UK?
Ian
Also would this be payed directly to the court or to the claimant?
Iv always believed that the plaintiff can be made to pay the fee and this fee is payed threw the courts services.
Also when rights are breached ie: sales of goods act, discrimination ect
Also I have issues with PayPal not providing me a refund even thow the goods received was not in anyway safe for resale, and payments were made via eBay which was eather refused or taken and not placed In the account I had approx £500 - £1000 in the account now they say I owe them money for refunds and charges for items repaying eBay
eBay state PayPal refused to keep the connection with eBay and I am due to pay for the reclaimed money that had been sent to PayPal and iv never received a penny,
Paypal give me no access to the account at all and also state i didn't use the account for more that 120 days and balance needs to be restored before they will do anything else.
I no eBay own PayPal and believe this could be classed as conspiracy in some form,
Iv been made aware via the public that this situation happen quite often and everyone's left in limbo.
I have been told that due to section 17 PayPal would be joint liable for my funds
Could you please provide me with some information on the above as its a matter of urgency
What is the legal way to refuse
But as the governor is stating her lies when she is in a position of trust is just rong and wouldn't that be classed as deformation of character or slander.
It's bothering me bcoz of the seriousness of her statement could of landed me inside for a long time and I won't be able to settle knowing nothing is going to happen about her lies
I hope you see were Im coming from,
Iv just been reading human rights and to my understanding they have to listen and act upon any breach of right, as he stated something regarding my mental health would this be significant for something to happen to him?
and the witness is clearly lieing therefore would I be able to have her charged with anything at all?
she is a governor at my child's school who has breached her position of trust?.
What is the most that could happen to me in court?
Hi debs I do have witnesses to back me up! As all I did do was ask for an apology with no luck,
If the police see there statements as lies would I be able to place charges against them for there illegality in this situation? And if so do you no what charges would be in my favour?
Just to update on the arrest in February 2013
I have complained to police about this matter and I've been refused any knowledge of this case unless I pay them money as they quote data protection act and my complaint won't go no further unless my exceptional circumstances are significant as its been longer than 1year,
I thort a crime was a crime with no respect of the time! I'm going to access your link you sent now as I dint no I had a reply before now thankyou
I'm sorry to hear what's happened and all I can sugget is the following
take them to the court of appeal and state the foundation to there original claim was not of the truth , this would make the ruling questionable as any court needs a foundation to be based on, obviously I don't no all factors in your case but for them to quickly judge you in this way suggests you have been accused before and anyone who has been accused has a right to no who the accuser is and if found to be the same person as previously you would then be able to make a claim against them, and any statement of untruth to be removed from your files, you do however have to apply to the courts for this to happen and I suggest you claim/attempt to claim compo due to acute mental health and the possible side effects on your children you should get advice from professionals like a solicitor or citizens advice which is a free service
My question is what can I do with regards to the false statements placed upon me witch had the potential of me being locked up for an indefinite sentence due to my past,
Also the apparent witness is in fact a school governor which my children go to that school, I do believe the two of these have conspired against me,
But the accuser, I'd never met him before the day in question but he lives with his boyfriend and I don't get along with her and I believe she is in fact the instigator as at the time the incident took place she did shout repeatedly that I'm going to go to jail,
What can I do about the issues I've raised
Thanks
To Then be forced into my fear and left there which enables my psychosis to appear
( being outside is major cause )
To then be subjected to social services for 19months n homeless for 1yr,
Surely this must breach my rights
iv a letter to say loan number n dates they was payed at rate of £33.74 i got another letter that that states same loan numbers n different amounts ie: on front loan number 25 agreed date 31/7/13 as budgeting loan of 812.00 at rate 13.94 for 59week balance outstanding 812.00.... On back of letter it states loan 25 was repaid from esa from 3/7/13 to 10/7/13 at weekly rate of 16.87 total paid 27.46. As you can see this shows i repayed a loan before i applyed for it and differant amount dwp refused to give a receipt of all loans and advised to appeal that i never signed declaration for them but deductions will still be taken during the course of appeal but how can i provide proof if no proof is given...
I thort due to consumer rights a receipt was is the only proof id have but if a receipt isnt produced then the collecting party is committing fraud by deception.
Also im not sure on this one but isnt deductions from benifits against the law wether i asked for it to be done or not and would this count for council tax and a credit union.
Would any of this actually be against my human rights, or what leg would i have to stand on
Here is the rest;
Common-law systems are found only in countries that are former English colonies or have been influenced by the Anglo-Saxon tradition, such as Australia, India, Canada and the United States. Legal minds in civil-law jurisdictions like to think that their system is more stable and fairer than common-law systems, because laws are stated explicitly and are easier to discern. But English lawyers take pride in the flexibility of their system, because it can quickly adapt to circumstance without the need for Parliament to enact legislation. In reality, many systems are now a mixture of the two traditions, giving them the best of both legal worlds.
Although it briefly touches on Civil Law, it makes for an interesting read.
I believe if somebody goes into Court saying “I am quoting Common Law” and the other person says “I am quoting Civil Law” the poor old judge will really earn his money.
As for me I will stick to Civil Law.
I fully expect to be shot down from on high, but these are my personal views.
I will explain; I am a Litigant in Person ( LiP ) in a Civil case going up against a firm of Solicitors.
Nowhere above does it say anything about the Civil Procedure Rules (CPR ) or LiP’s
As the Claimant I am bringing my case with the help of the CPR and advice therein gained from the “White Book 2014” [if you have never heard of this book Google it]
I honestly can’t see how I can bring this case using Common Law.
I have found something that might be interesting to readers of this thread;
ROYALISTS are eagerly awaiting the birth of the Duke and Duchess of Cambridge’s first child. If a girl, she will be the first daughter to be able to accede to the throne ahead of any younger brothers. That is thanks to a law enacted in 2011 that changed the rules of royal succession. The previous law that sons took precedence over older sisters was never written down, but was instead part of English common law, the basis of the country’s legal system. But just what is common law, and how does it differ from the civil-law system used in some other countries?
Common law is a peculiarly English development. Before the Norman Conquest, different rules and customs applied in different regions of the country. But after 1066 monarchs began to unite both the country and its laws using the king’s court. Justices created a common law by drawing on customs across the country and rulings by monarchs. These rules developed organically and were rarely written down. By contrast, European rulers drew on Roman law, and in particular a compilation of rules issued by the emperor Justinian in the 6th century that was rediscovered in 11th-century Italy. With the Enlightenment of the 18th century, rulers in various continental countries sought to produce comprehensive legal codes.
Today the difference between common and civil legal traditions lies in the main source of law. Although common-law systems make extensive use of statutes, judicial cases are regarded as the most important source of law, which gives judges an active role in developing rules. For example, the elements needed to prove the crime of murder are contained in case law rather than defined by statute. To ensure consistency, courts abide by precedents set by higher courts examining the same issue. In civil-law systems, by contrast, codes and statutes are designed to cover all eventualities and judges have a more limited role of applying the law to the case in hand. Past judgments are no more than loose guides. When it comes to court cases, judges in civil-law systems tend towards being investigators, while their peers in common-law systems act as arbiters between parties that present their arguments.
Civil-law systems are more widespread than common-law systems: the CIA World Factbook puts the numbers at 150 and 80 countries respectively. Common-law systems are found only in countries that are former English colonies or have been influenced by the Anglo-Saxon tradition,
Ive recieved a Magistrates court summons ,i want to claim common law but need a person to take my birth certificate and change of name deed to magistrates court and show it,and complete the common law process 3 time ,who do i ask ?and ive seen lawful retribution etc etc; can i have the coucil proceedings Money making exercise stopped even though i will not pay the coucil tax ?and how ?
This coucil tax harassment is fraud and perjury committed by local authorities accross this land ,they also break a number of other serious laws.
Custom (it is what it says; there are no specific rules and each nation has different customs and how it's citizens act towards each other)
Usage (all consent, or volunteer) how do you use such customs in your day to day lives, with your implied or express consent.
Since time immemorial this was common law. Over time implied usage of the customs of that nation became binding authority, courts ruled on that usage.
Around the 12th century these customs were used long enough to, where like other ancient laws, they became written or saved. This spawned statutes or written laws and codes of the realm.
Those are the basics. If you want to understand common law more thoroughly after the reign of Elizabeth I; early 17th century, then I would recommend reading "The History of the Common Law of England" by Matthew Hale (I believe that was his name). In there you will learn more about customs and usages and statutes or acts of parliament, and leges scriptae, leges non scriptae, lex scriptae, and lex non scriptae.
I have been looking at the Common Law, Lawful Rebellion people and the antics in court they have been doing. Can you please explain the proper way that a local or even higher court should behave with regard to assuring that a hearing is taking place under common law? I have seen that the magistrate/judje being asked at the start to affirm his oath to confirm the hearing is under common law and this refusing to be done. The accused repetedly asking for this oath and the whitnesses in the public viewing area refusing to stand also because of this. Then the accused calls the case thrown out and calls the magistrate an imposter and the police being called.
Can some one explain what this is all about and are we the people being done over a barrel by gradual change, in particular with local hearings and councils producing warrants that I understand they are not permitted to do. It is said we are rulled by consent and if consent is not given we can refuse to be treated in a way other than as subjects of the Queen. The accused also used his birth certificate in some way given that it is printed on bonded crown paper.
Some one with proper historical legal ability please explain this to me as from what I have seen court corruption and the dumbing down of the people in recent years is starting to concern me.
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