A body of English law of law which originated with an oral
tradition of tribal justice in Britain thousands of years ago
and which developed into a unique, cohesive national body of law
(the realm) developed and set to writing by English judges over
time, and which was eventually imported as the law of British
colonies throughout the world such as the United States of
America (except Louisiana), Canada (except Quebec) and India.
"The common law is judicially created law that is developed on a
case by case basis," wrote Chief Justice Hannah of the Supreme
Court of Arkansas in Mason v State. In R v Rusby, Justice Kenyon
wrote: "The common law, though not to be found in the written
records of the realm, yet has been long well known. It is coeval
with civilized society itself, and was formed from time to time
by the wisdom of man." Two other sources have contributed to the
common law although often described as exceptions thereto:
equity and laws imposed by parliament (statutes), both of which
have been stated to