The Parallax Pro WordPress theme has a number of terrific design options for showcasing written content. Use of a video or photo hoist, on the front page of the site, is a way to not only bring users into the site, but to lead them into a written article. In this case, as with so many other legal topics here on The Walker Law Group blog, the topic revolves around Washington State law and legal information. The picture up top is one example of an introduction to common law. Just by virtue of the picture and how it’s displayed, with text overlay, you are drawn into the subject and you want to read on.
This was a helpful explanation and integration of legal content into a graphic/display software set. What is common law? Common law is somewhat difficult to define, but it is generally defined as a body of law that is created by judges or judicial decisions, as opposed to being passed down in statutes. Common law concepts are founded on custom and court judgments. So what does common law mean in terms of how your actions are judged, in a legal sense? Essentially, when someone sues you, the judge or jury in your case will consider prior decisions, akin to the factual circumstance in your case. For example, if someone throws a brick through your window in a standard case, common law tradition would provide the court with a simple factual basis – someone broke a window and caused damage, pay the cost of the window plus any other damages caused by the act of vandalism. But what if there was additional context? For example, if a tree fell through the window, or someone threw a brick through a window of a car that drove by, would the damages be the same? Or, perhaps, your child threw a ball at a car, breaking a mirror and getting filament all over the state, would common law tradition find you responsible for damages? Or, is the parent of the child, a negligent act that deserves damages? So, common law is traditionally based on context, the circumstances surrounding an action, rather than on a clearly defined set of facts that can be easily resolved in the context of traditional legal thought. Common law creates a different set of circumstances and introduces an element of nuance into the equation. It’s easy to see how this can impact legal analysis, with a common law precedent in the background.
Is Washington State a common law state? When common sense exists in the decision-making process of the law, you’re likely looking at a common law situation. So, yes, Washington State is a common law state. In fact, the judge will even consider issues of fairness, if that argument can be made in the court of law. Where applicable, the judge will consider what is fair to the defendant or plaintiff, and will hand out damages accordingly. What are the consequences of common law? Common law traditionally benefits individuals, but in practice, it can be a double-edged sword. When the punishment doesn’t fit the crime, or a crime is misjudged, then common law can get tricky. Although it is supposed to standardize the outcome of a case, in reality, it is reliant on the judgment of a single person, or group of people. In most common law cases, juries are used, although judges can often come back with a common law decision that is equally, or more important.
For Washington State residents, understanding this aspect of law is very important, especially if a common definition could have serious implications for a case. For example, if the tree was felled, but it was your neighbor who neglected the tree, and not you, a common law judgment might not be what is otherwise considered fair. The better question remains who caused the damage, and is that person liable? So, it’s important to understand where you might be vulnerable in a legal case, and what options are available before the court. In this case, understanding common law could help protect your interests. As a Washington State resident, both social sharing buttons and social proof can drive traffic to your article. Direct linking to the article, by also sharing on mediation or issue-specific forums can also help. Dofollow, nonfollow links can be useful informational links, which comply with Google’s guidelines, and help users to find even more information about your legal options. Need help learning about common law? As always, regardless of what I might tell you on this blog, the best answer is to consult with a legal professional. I hope you found this primer on common law to be very informative.
For more information about common law, as it applies to Washington State, check this article out: What is Common Law Status in Washington State. You can also learn more about common law from the Wikipedia page on Common Law.