Common Law/Statutory Law
Q. WHAT IS THE DIFFERENCE BETWEEN COMMON LAW AND STATUTORY/LEGISLATIVE LAW?
A. Common Law is law made by judges; Statutory Law is made by legislatures. Early in England’s history, judges had to decide legal cases according to what they felt most persons (the common person) would think was right. To find out what most persons think is right, the judges followed the customs of the community and the common beliefs of the people. If a case with the same issues and facts had been decided prior to the case under consideration, the earlier decision was given “precedent” or priority and closely followed by the second judge. When a large number of judges decided the same kind of case or question of law in the same way, the decision became "The Law." It could only be changed when the customs and beliefs of the community changed. Lawyers learned common law by reading reports in which judges gave reasons for their decisions. By reading many decisions of the same kind, a lawyer could see how a rule developed and how it was applied.
Q. HOW HAS COMMON LAW INFLUENCED DRAMSHOP LAWS?
A. In common law there has never been a right to sue a bar (dramshop)
The common law rule served to insulate the person selling or providing the alcohol from common law liability. The rule at common law was that no civil action for personal injury claims would arise for causing the death of a human being. The standard common law view of personal injury claims based on the sale or provision of alcoholic beverages to another has been that the cause of any injuries arising out of the person’s intoxication is their voluntary intoxication, rather than caused by the sale or provision of the alcohol. Consequently, there is no right to sue under Common Law. However, the Minnesota Legislature passed laws in 1911 that created liability for a bar, if they violated the statute.
