Federal common law is determined by federal courts and can only deal with matters delegated to the federal government. Judge’s opinions become binding and part of common law, distinct from statutory law. Federal common law deals with matters under federal jurisdiction, such as taxes and securities law. It must be enforced by federal courts and can become codified if approved by the legislature.
Federal common law is the body of law determined by the federal courts, as opposed to legislation passed by the house, senate, or president. Federal and state common law are two distinct bodies of law, and federal common law can only deal with matters that the constitution has delegated to the federal government. While federal law is not codified in statutes, it must still be followed.
The term common law is a term that originated from the fact that the United States legal system is derived from the English legal system. In both the English and US legal systems, judges hear cases and have the authority to rule on those cases. When a judge hears a case, he interprets the law and/or makes a decision about it. Such a decision is written in an opinion.
The opinion that the judge has had and the interpretation of the law that the judge has made becomes binding. In other words, it becomes part of the law. This binding decision stands and other courts must follow unless or until a higher court decides the judge’s interpretation is wrong.
Thus, the judge’s opinion becomes a form of law, even if it is not written into any statute or approved by a legislator. The body of law that the judges have made is considered common law. Common law is distinct from statutory law, which consists of formal statutes and rules approved by the legislature.
Federal common law deals with matters over which the federal government has jurisdiction. In the United States some matters are delegated to the states. For example, each state has the right to make its own property laws within the state. The separation of powers requires federal legislators and judges to leave this and other related matters to individual state legislatures and state courts to determine.
The federal government, on the other hand, has the right to make laws necessary to uphold the constitution. The federal government also has the right to make laws on matters affecting interstate commerce or the flow of goods and money between states. Taxes, securities law, and other similar laws are all delegated powers to the federal government.
Thus, federal common law is law made by a judge on matters that the constitution states that the federal courts or the legislature have the right to decide. Federal common law must be enforced by the federal courts. Federal law can become codified law if, and when, the legislature approves a law that reiterates or modifies it.
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