What is common law and how is it created?

1- What is common law and how is it created?
2- What are statutes and how do statutes originate?
3- What is the difference between criminal law and civil law?
4- What is the difference between a felony and a misdemeanor?
5- What is a tort?
6- What are the elements of the tort of negligence?
ANSWER
1. **Common Law**:
Common law refers to a body of law developed through judicial decisions and precedents. It is created by judges when they interpret and apply existing laws to specific cases. Common law principles are based on past court decisions, which serve as legal precedents. When a judge issues a ruling in a case, it becomes part of the common law, influencing future cases with similar facts.
2. **Statutes**:
Statutes are laws created by legislative bodies, such as Congress at the federal level and state legislatures at the state level. Statutes originate when a bill, proposed legislation, is introduced in a legislative body. The bill goes through a process of debate, revision, and voting. If it is approved, it becomes a statute when signed into law by the relevant executive authority, such as the President or Governor.
3. **Criminal Law vs. Civil Law**:
– **Criminal Law**: Criminal law deals with offenses against society as a whole and is prosecuted by the government. Its purpose is to punish individuals who have committed crimes. Examples include theft, assault, and murder.
– **Civil Law**: Civil law deals with disputes between individuals or entities, such as individuals, companies, or organizations. It aims to resolve conflicts and provide remedies to the injured party. Examples include contract disputes, personal injury cases, and family law matters.
4. **Felony vs. Misdemeanor**:
– **Felony**: A felony is a more serious criminal offense typically associated with substantial punishments, such as imprisonment for a year or more. Examples of felonies include murder, rape, and grand theft.
– **Misdemeanor**: A misdemeanor is a less severe criminal offense that generally leads to milder penalties, such as fines, probation, or imprisonment for less than a year. Examples include petty theft, simple assault, and public intoxication.
5. **Tort**:
A tort is a civil wrong or harm committed by one person against another, resulting in legal liability. It includes actions such as negligence, intentional harm, and strict liability. Torts often involve personal injury or damage to property. Common torts include personal injury claims, defamation, and negligence.
6. **Elements of Negligence**:
The tort of negligence has four key elements:
– **Duty**: The defendant owed a legal duty of care to the plaintiff.
– **Breach of Duty**: The defendant breached that duty by failing to exercise reasonable care.
– **Causation**: The defendant’s breach of duty caused harm to the plaintiff.
– **Damages**: The plaintiff suffered actual damages or losses as a result of the defendant’s actions.
Establishing all these elements is essential for a successful negligence claim in civil court. If any of these elements is missing, the plaintiff’s case may not be successful.