Debunking Common Legal Misconceptions: A Paralegal’s Perspective, part 3
There are many misconceptions about the legal system that are popular or common in the public. As an expert paralegal, I aim to clarify some of the most common legal myths that persist in public discourse. Understanding these misconceptions can empower individuals to make informed decisions and navigate the legal landscape more effectively. Even if what you hear sounds logical or should be right, that doesn’t mean that the courts will see it your way.
Common law vs. Code law
The U.S. legal system is deeply rooted in English common law, a connection that has significantly influenced its development. English common law originated with the King’s Court after the Norman Conquest of 1066, aiming to establish a uniform body of law across England. This system relied on judicial decisions and precedents rather than written statutes, incorporating elements of Anglo-Saxon traditions like juries and writs.
When English settlers established colonies in America, they brought common law principles with them. As a result, the American legal system initially mirrored its English
counterpart but later diverged due to geographical, cultural, and political influences. A key adaptation in the U.S. was the principle of stare decisis, which requires courts to follow precedents. Unlike England, which lacks a written constitution, the U.S. developed a complex federal system with a constitution that allows for judicial review and constitutional interpretation.
The U.S. legal system introduced innovations such as widespread judicial review and a federal structure allowing for state legal variations. While most states adhere to common law principles, Louisiana follows civil law due to its French heritage. The U.S. system combines statutory law with common law principles, creating a hybrid legal framework.
English common law continues to shape modern U.S. legal practices, emphasizing adversarial court proceedings and jury trials. Many legal principles in tort and contract law are derived from English common law, with the doctrine of precedent ensuring consistency and adaptability in legal decisions. Despite divergences, the foundational principles of common law remain central to American jurisprudence.
Your Consent is Irrelevant
The law exists independent of whether or not a particular person consents to it. At no point under English common law was a person’s consent required for the law to apply. That is the case under all legal systems. Despite the historian’s idea of a “social contract,” none of us are actually in a contract with the government when it comes to following a particular body of law. State and federal governments have enacted various codes, regulations, and rules which have supplanted some common law principles, but legal decisions interpreting those codes still follow common law principles regarding precedent.
This idea of the government needing your consent in order to impose laws upon you is a touchy subject for many people (if online comment sections are any guide to reality). Taking this up with law enforcement could end up with you going to jail. Even if you were 100% right in the argument, you could be right in jail.