Firstly, the common law is often referred to as the unwritten law. Many people go on on a journey that involves reading many books, trying to find a definitive answer with regards to; the law. Often this is the first step down a different path that leads away from the answers first sought. You might say, the glasses you are looking for are on top of your head.

 

Common law is inherent within people. The difficulty is knowing how to access the courts in the proper manner and maintaining your standing. This can be tricky as lore is not taught in schools, nor should it be.  The scarcity of trial by jury, in the modern justice system and the prevalence of legal dictation have caused an imbalance at court that many people suffer.

 

Common law has, in some ways, become a modern holy grail. Many opinions exist about its creation, use and whether or not it even exists anymore. Many say its, "dead" or "abolished" therefore not relevant in today's world of seemingly complex legal matters.

 

We all hear about the historical events that have enshrined the belief in personal freedoms, liberty and protection from despotism. Can common law play a part in modern society or even remain relevant?

 

Often people go to court with the belief they will be treated fairly, an even fight, where both parties present their cases. The 'Judge' will award in favour of one party based on points of law; public good; previous cases; gut instinct; or perhaps the mood of the day. The old saying, "ignorance of the law is no excuse" rings true if you believe that all courts are the same and your standing in or at court is always on an equal footing with the other party.