All Canada except Quebec and all of the United States except Louisiana comply with common law. Historically, flooding was considered a typical enemy and everybody had the appropriate to defend their property from flooding, even if their actions affected someone else’s property (by inflicting their neighbours to be flooded instead, for instance).
From this developed the system of fairness , administered by the Lord Chancellor , in the courts of chancery By their nature, equity and legislation had been incessantly in battle and litigation would ceaselessly proceed for years as one court countermanded the other, 78 even though it was established by the seventeenth century that fairness ought to prevail.
Before 1938, the federal courts, like almost all different widespread legislation courts, decided the regulation on any problem the place the relevant legislature (either the U.S. Congress or state legislature, depending on the issue), had not acted, by looking to courts in the same system, that is, different federal courts, even on problems with state law, and even the place there was no express grant of authority from Congress or the Constitution.
As one other instance, the Supreme Court of the United States in 1877, 34 held that a Michigan statute that established guidelines for solemnization of marriages did not abolish pre-current common-legislation marriage , because the statute did not affirmatively require statutory solemnization and was silent as to preexisting frequent legislation.
They are at the moment deposited in the UK National Archives , by whose permission images of the rolls for the Courts of Common Pleas, King’s Bench, and Exchequer of Pleas, from the 13th century to the seventeenth, could be viewed on-line on the Anglo-American Legal Tradition web site (The ‘Quinn Law Library of the University of Houston Law Center).