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Federal law itself resides on common law. (It's more fundamental than the constitution. Ever heard of habeas corpus? Due process? Rules of evidence? Trial by ju
by Tloewald 14y ago
Federal law itself resides on common law. (It's more fundamental than the constitution. Ever heard of habeas corpus? Due process? Rules of evidence? Trial by jury? Precedent? Think Magna Carta.) In earlier the linked article Oliver Wendell Holmes is quoted on the importance and nature of the reasonable man.
As for common law:
http://en.wikipedia.org/wiki/Common_law http://en.wikipedia.org/wiki/Common_law
I am still not a lawyer.
- macchina 14y agoI'm not a lawyer either, but I am in my 3rd year of law school - so yes I've heard of all those things. I've also studied the CFAA. Common law is judge-made and only governs in the absence of statutory authority. (Due process and trial by jury are constitutional laws). The reasonable man is primarily a negligence standard. http://online.wsj.com/article/SB10001424053111904060604576570801651620000.html http://online.wsj.com/article/SB1000142405311190406060457657... http://www.amazon.com/gp/product/1594035229/ http://www.amazon.com/gp/product/1594035229/