The argument in which common law is derived from the king's courts or if was derived from the local or manorial courts is irrelevant. It is relevant however that common law is used still today. The term began in medieval twelfth century. Since in England in the twelfth century you did not have policemen or a city hall on every corner you sometimes had to call upon a neighbor or a clergyman to settle disputes between one another. For hundreds of years, there were separate courts in England and its dependents: one for common law and one for equity and the decisions of the latter, where they conflicted, prevailed. "The distinctive feature of common law today is that it represents the law of the courts as expressed in judicial decisions. The grounds for deciding cases are found in precedents provided by past decisions, as contrasted to the civil system, which is based on statutes and prescribed texts (infoplease)." What most people in America relate common law with is marriage. .
"The traditional common law marriage is one which is entered into without formalities. This type of marriage is usually defined as the intent to be married combined with living together and holding one's self out to the world as married (usmarriagelaws)." "There are four requirements for a valid common law marriage. Just living together is not enough. One, you must live together. Two, you must present yourselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filling a joint tax return. Three, although not defined, you have to be together for a significant amount of time. Four, you must intend to get married. However each jurisdiction can have their own requirements. "There are eleven states and the District of Columbia that currently recognize the common law marriage: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah (usmarriagelaws).
