The common law was founded on ancient local rules and customs of England during the times of feudalism. It evolved in the king s court and migrated to our continent with the first English colonists. Each of the original thirteen colonies practiced common law and after the American Revolution it was adopted by the national government as well as the state governments. Today, common law is practiced in most commonwealth countries including Canada, Australia, and the United States, with the exception of Louisiana which practices civil law in civil matters. Common law differs from civil law in that it is based on English law whereas, civil law is based on roman law.
Civil law is primarily legislative in origin and is based on statutes or codes.
Law is established by prior court decisions. Common law is a body of general rules prescribing social conduct derived from customs and common practices. William Blackstone describes three types of customs which are enforced by the common law. First, general customs form the common law in its stricter and more usual significance and represent the universal rule of the whole country or kingdom. Second, particular customs affect only inhabitants of particular districts.