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[Spanky]

Originally posted by ltl/fb
I thought a bunch of the traditional first-year law classes were common law -- e.g. property and contracts and torts. Is the contracts stuff statutory? I had thought not, on the whole, which was why they had all those treatise thingies, but to be perfectly honest I knew what I wanted to do when I was in ls and my intellectual curiosity was pretty nonexistent.

ETA Are there statutes setting forth what torts are and contract interpretations? I thought there was basically common law and statutory law. It seems like common law comes in all the freaking time -- of course, I have most of the discussants in this discussion on ignore, so fuck if I know what people are claiming, but if anyone is claiming there is no common law in the US that is crap. Litigants and judges and stuff try to fill in around ERISA with "federal common law."

EATA how the hell did we do anything in the first few years after the revolution if there wasn't common law hanging around? Were there suddenly huge books of statutes? Why is it my impression that I've always heard that Louisiana's laws are all different because they are based on the Napoleonic Code whereas the other 49 states' laws are based on common law, if we don't have common law?

EYATA Is posting while feverish better or worse than posting under the influence?

Yes - that is exactly what I was saying. But do you remember anything about common law concerning rights?