A common question is whether or not common law is REALLY active/exists/works/is available still today.
The short answer is yes and a quick search of the laws, court cases, law books will uncover a vast number of references BUT common law varies from jurisdiction to jurisdiction. Here’s a quick video on common law marriage that addresses common law, marriage and how the different provinces deal with common law marriages differently when it comes to property rights at a separation/divorce.
This answers another common question: do common law marriages exist/are recognized?
Yes and they are the exclusive jurisdiction of the provinces, that’s another clue.
Understanding the Common Law [No. 86 LECTURE]
What is the common law and why does it matter? Professor Richard Epstein of New York University School of Law explains how basic rules provide the means for navigating complex legal questions. Learn more at https://fedsoc.org/no86
What is “common law”?L4S4
Former Oregon Supreme Court justice Sue Leeson explains the concept of common law. Topics include common law as “judge-made rules”; the slow evolution of common law; the power