Common Law or Common Sense?

By Mick Hassell

The “common law” is a reference to Judge-made law.  Judges’ decisions form the common law.

It is easy to get lost in a maze of common law, it is worth appreciating that most law, whether statues (made by government) or common law (made by Judges).

What is generally more important than the law is the facts.  The facts generally tell a story that someone was right and someone was wrong.  The person in the right will likely prevail in Court if they are able to effectively operate in Court and tell their story.

If you have a case in Court and are getting stuck on the law, consider going back to the facts.  Don’t worry about the law too much.  Focus on the facts and tell your story.

Most of the law boils down to common sense.

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