|
|
|
|
|
by Tloewald
4962 days 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 I am still not a lawyer. |
|
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/SB1000142405311190406060457657...
http://www.amazon.com/gp/product/1594035229/