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– Nelson Mandela

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Chapter 4- Forum

Chapter 4- Forum

Q Elected legislators make statutory law. Courts (judges) make common law. Many critics of common law point to the fact that judges are appointed and are not responsive to the people (federal judges generally have lifetime appointments). However, Oklahoma, like some other states, elects many judges. Does this change the arguments in favor or against the common law?

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Common laws are mainly describe as laws designed by the judges and not by the parliament. Just as the judges do consider that both criminal as well as civil matters, they do make decisions, deliver rulings and do develop precedents. Considering it altogether, I would say that these are the things which contribute together to design a common law. On the other hand, a good deal of civil law like for example, the torts and the negligence primarily initiated as common law rules and later it was differentiated.