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[C Russell <mtbetter AT yahoo.com>]

Paul-

Common law in the Magna Carta refers to English law. 
There were two kinds:  common and civil.  I believe
civil (legislated) was primarily ecclesiastical, but
I'm not sure about that.  Anyway, there were no laws
as such that declared murder to be a crime, for
example.  Judges ruled by common sense, following the
precedents set by earlier judges or judges of higher
courts.  Rather than come up with a bunch of new laws,
the Magna Carta adopted the time-tested sense of
justice from common law.  A study of American
jurisprudence always begins with common law.  We
formalized much of common law.

Cathy (formerly in pa)


--- Paul Hillman <chris_hillman AT msn.com> wrote:

> Jerry,
> 
> The 7th Amendment states that the "rules of the
> Common Law" shall apply as per the wording therein.
> The Common Law dates back to the Magna Carta from
> 1150?
> 
> Thus, what are the rules of the common law?
> 
> Paul Hillman
>   ----- Original Message ----- 
>   From: Jerry W.
> Shepperd<mailto:shepperd AT austincc.edu> 
>   To:
>
homestead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org>
> 
>   Cc:
>
homestead AT lists.ibiblio.org<mailto:homestead AT lists.ibiblio.org>
> 
>   Sent: Tuesday, November 09, 2004 5:29 PM
>   Subject: Re: [Homestead] Daniel and taxes again
> 
> 
>   Paul,
> 
>   I know you asked Daniel the question.  However,
> common law is simply the 
>   decisions of judges (judges making laws) who
> attempt to fill in the details 
>   of constitutions where written laws are absent or
> unclear.  It is not part 
>   of the Constitution nor the Bill of Rights.
> 
>   Jerry S.
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> 



                
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