How does common law effect criminal law?

Law
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West Virginia is a common law state. What does this mean in the context of criminal law? 

Aug 23rd, 2015

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  law developed by judges through decision of courts and similar tribunals that decide individual cases, as opposed to statutes adopted through the legislative process.

A "common law system" is a legal system that gives great precedential weight to common law,so that consistent principles applied to similar facts yield similar outcomes. The body of past common law binds judges that make future decisions, just as any other law does, to ensure consistent treatment. In cases where the parties disagree on what the law is, a common law court looks to past precedential  decisions of relevant courts. If a similar dispute has been resolved in the past, the court is usually bound  to follow the reasoning used in the prior decision .


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Aug 23rd, 2015

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Aug 23rd, 2015
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Aug 23rd, 2015
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