Talk:Common law/Archive 1

message: The topics of alimony, child custody, pre-niptuals are very popular ones for common people to look up.  Good topics for encyclopedias.  Maybe we should add a template on family law? Erisa Goss 18:53, 3 August 2006 (UTC)
thread_title:  We need a marriage and divorce law template 

message: Article said:
:For an informative discussion of the common law as related to a) duck blinds and b) cannibalism, see the works of A.W. Brian Simpson.
Is that comment serious, or is it just nonesense? (It sounds a bit like nonsense to me, but I may be wrong, since I'm too lazy to check.) Also, even if it is real, it doesn't belong in the first paragraph -- which should be about what the thing is, fundamentally, not about peripheral miscellena such as this. -- SJK
::Acttually Professor Simpson's books about the common law are remarkable in their depth and historical accuracy. Should they be in the intro about common law? no. Alex756 03:14, 7 Aug 2003 (UTC)
thread_title:  Simpson 

message: It might be worth pointing out that in the U.S. courts of law and courts of equity are (now) the same courts, even if in theory different. --user:Daniel C. Boyer
They are in most states.  They aren't in others.
I changed the page to remove the staement that the distinction between law and equity is "archaic" and explained instead how the separate courts developed into legal and equitable principles applied by the same courts. That is the case in the UK and many Commonwealth jurisdictions but i can't speak for the US. Chris R 19:23, 20 January 2006 (UTC)
thread_title:  Law vs Equity 

message: I moved this discussion from the article page to here:
*(isn't California also common-law based?)** 
*** California is arguably not a common law state, because it has enacted "codes" that completely state the law of the land. Codes as opposed to Acts etc. are normally meant to be comprehensive. California is not a civil law state in the sense that its laws derive from or directly from Roman or Napoleonic law, like Louisiana.
** no codes "completely" state the law of the land if that were the case send the legislature home their work is done? There are cases where courts convene in common law when a statuet does not cover the tort or alledged crime. Jack Kavorkian's physician assisted suicide being a common recient example until legislatures tried to cover that with statuets.
And I added a paragraph explaining California's status to the article. -- Cjmnyc 03:03, 31 Aug 2003 (UTC)
replies: text: May want to add Israel specifically to the list of Common Law countries, as it's not a Commonwealth country. (Although, admittedly, Israel has a really weird mix of Ottoman and British laws, I think mostly British (and post-Independence) statutes are used.) -Penta 00:34, 25 Feb 2004 (UTC)
thread_title:  Specific Jurisdictions 

message: IN "America"/ the several states united as "The united States of America" ; the "common law" clock was reset if you will.  All law has to be measured by and with the so called u.S Law #1 the Declaration of Independance; then the state constitions in their "republican form" including their natural rights and bill of rights sections. Lastly the articals of confederation and federal or "general goverment" bill of rights (restrictions with preamble) and  [Constition of/for the United States"]
The "patriot" or militia or common law "crank" movements use these concepts in attempting to poke holes in the statuetory/civil/commercial/admistrative law that is promulgated under the defacto forms of government today.
The artical is incomplete without some discussions of these areas. NPOV or not. Anon editor.
"Today common law is generally thought of as applying only to civil disputes"''
(near the beginning)
Where is the evidence for this statement? Indeed the article contradicts this statement later. Certainly untrue for UK. Can someone neutralise the national jurisdiction assumptions please.
I agree - done Chris R 19:17, 20 January 2006 (UTC)
thread_title:  Scope of common law 

message: See above question.  I'm trying to find a category for the term covenant under the common law categories. Any assistance would be welcome. --Randolph 00:07, 3 May 2005 (UTC)
thread_title: What category of common law does a covenant come under?

message: Maybe I'm just a little low on sleep, but this article is extremely wordy.  Should this article be cleaned up so it's less of a wall of words?  I'm proposing rewording and bringing in some bulleted lists to make this article a much easier read.  Anyone else agree?
Veluet 14:48, 29 September 2005 (UTC)
thread_title:  Reformatting the Article 

message: Removed the section I've emboldened below, being self-referential:
:In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of conflict. In the United States, parallel systems of law (providing money damages) and equity (fashioning a remedy to fit the situation) survived well into the 20th century in most jurisdictions. The United States federal courts separated law and equity until they were combined in the 1920's or 1930's - the same judges could hear either kind of case, but a given case could only pursue causes in law or in equity (I think this is the way it worked - would someone wiser than I please confirm or correct?), which of course led to all kinds of problems when a given case required both money damages and injunctive relief.  Delaware still has separate courts of law and equity, and in many states there are separate divisions for law and equity within one court.
These are excellent additions by ANON. AndyJones 11:34, 16 January 2006 (UTC)
thread_title:  Self-reference 

message: Note this edit, where a user has refactored existing comments further up this page, rather than adding new discussion at the end. I haven't reverted as it seems likely that User:Aksis and User:63.226.12.96 are one and the same and if so the user is refactoring his or her own comments. (I have nothing to add on the comments themselves.) AndyJones 09:44, 10 February 2006 (UTC)
thread_title:  Strange edit to this talk page 

message: "with the growing importance of jurisprudence (almost like case law but in name)"
What does this mean?? --24.94.191.191 00:00, 7 April 2006 (UTC)
thread_title:  jurisprudence 

message: There should be many more articles on the history of the common law and the English courts and legal system e.g. nisi prius. Pliny 12:40, 1 July 2006 (UTC)
thread_title: Common Law History