top of page
Search

Understanding the Role of Common Law Rights in Everyday Life

In our daily lives, we often engage in a series of interactions and transactions that touch upon our rights as individuals. Understanding these rights requires a grasp of the foundational principles of the law, particularly common law, which has shaped many legal systems around the world.


Legal Rights Under Common Law


Common law refers to a body of unwritten laws based on legal precedents established by the courts. It is crucial to appreciate how legal rights under common law work, as they govern various aspects of our lives. This legal framework can be traced back to England, and it has significantly influenced contemporary legal systems, including those in the United States, Canada, and Australia.


For instance, common law doctrine means individuals with rights related to personal property and contracts. When you purchase a product, you hold the right to use it as you see fit. If the product is defective, you are entitled to a remedy under the law, often through a refund or replacement. Such protections are grounded in agreed-upon principles that are consistent and enforceable.


Eye-level view of a courtroom with legal documents
An overview of the legal system in a courtroom setting.

Everyday Applications of Common Law Rights


Legal rights defined by common law apply to many aspects of daily life. Here are a few examples:


  1. Contracts: When you enter into agreements—be it for renting an apartment, buying a car, or taking a job—common law governs your rights and obligations. For instance, if either party fails to uphold their end of the bargain, the affected party may seek lawful recourse, thereby protecting their interests.


    But people often enter into contracts with government agencies where they are unknowingly consenting to waive their rights and BE governed, but then the American legal system offers NO recourse to remove the fraud.


  2. Property Rights: If you own a home, common law entitles you to the full rights of ownership. This includes the ability to sell, renovate, or lease your property. There are also rights of possession that protect you from unlawful eviction.


    But the American legal system taxes your property every year so you really don't own it.


  3. Personal Injury: If you get hurt due to someone else's negligence, common law allows you to claim damages for medical bills, lost wages, and emotional distress. This principle encourages responsibility, as individuals are expected to act in ways that prevent harm to others.


    But if the government harms you, such as duringn an unlawful traffic stop, you have no recourse for remedy in the current system today.


Close-up view of a gavel on a legal book
Close-up on a judge's gavel symbolizing the rule of law.

Historical Context of Common Law


Common law evolved in England during the Middle Ages, shaped by judicial decisions and customs rather than legislative statutes. Over time, it became a basis for modern legal systems, with courts applying these age-old principles to contemporary issues but has been completely eroded by blending it with administrative law.


The Importance of Precedent


Decisions made in higher courts set precedents. This means lower courts are compelled to follow these rulings unless given a compelling reason not to but they often don't.


For instance, a court ruling in a personal injury case establishes how future claims may be handled. The significance of this is profound; it creates a predictable legal landscape for individuals and businesses alike but when one is in administrative court, it's left to the judge's discretion.



High angle view of a university law lecture with students taking notes
A classroom setting focusing on law education and future legal practitioners.

Everyday Responsibilities and Legal Rights


While we enjoy a myriad of rights afforded by common law, we must also be aware of our responsibilities.


Practical Recommendations:

  • Document Everything: Keep records of agreements, transactions, and communications. This can be crucial in resolving disputes.

  • Consult Legal Experts: Such as Gianna & Scott!


By actively engaging with our lawful rights, we contribute to creating a society grounded in fairness and justice.


Navigating Common Law Rights in a Modern Context


In today's fast-paced world, the relevance of common law continues. From consumer rights to property laws, these legal principles remain fundamental in ensuring that individuals are treated fairly.


Remember, common law rights can often be complex. Taking the initiative to understand and maximize these rights empowers you to navigate everyday challenges more effectively.


In understanding the role of common law rights in our everyday lives, we affirm our commitment to justice and equality. Whether through protecting individual rights, advocating for social justice, or ensuring compliance in agreements, common law serves as a vital foundation for a fair society.


To learn how to exercise your rights using the common law, join our Inalienable University.


Gianna & Scott

 
 
 

Comments


bottom of page