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MIDWEST TODAY LEGAL COMMENTARY Have you ever wondered what the difference is between the so-called "common law" and our other laws? Common law, unlike laws which are passed by Congress or state legislatures, arise out of evolving court decisions. They deal only with conduct of a non-criminal nature and they develop from specific lawsuits that someone has brought. A court decision may become a precedent which later court decisions follow as the "common law" or it may be rejected. The legislature can step in and pass a law that makes a particular rule of common law in that state no longer applicable in future lawsuits. An example of the difference is illustrated by "common-law" marriages. Most couples obtain a marriage license authorized by an act of the legislature, they go through a formal ceremony and, according to statistics, about half the couples live together happily everafter. Common-law marriages came into being, however, when courts decided a long time ago that if a man and a woman live together as if they were married and by their words or action suggest to others that they are married, the courts will consider them married with all the benefits and obligations of marriage. Should the couple later have falling a out, either the man or the woman can file for a divorce, and seek a property settlement, alimony or child support as the case may be. It won't do the other party any good to claim that there was no marriage license if the court finds a common-law marriage existed. In some states, legislatures have outlawed common-law marriages but a vast body of common law on other subjects remains. So when you hear the reference to common law, the speaker is talking about a body of law that developed over the ages through court precedent and not through a vote of elected representatives, a vote that can take place in a matter of minutes. This is Tom Riley for the Midwest Today Radio Addition.
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