An Overview of Common Law in Oklahoma
Common law is a set of principles and rules of action or conduct that derive from judicial decisions. Such decisions are authoritative for all cases governed by common law. However, when such decisions conflict with legislative enactments ("statutes"), the latter control, and are known as "statutory law". Statutory law describes the rules and regulations written down and codified by a legislature (such as Congress at the federal level or the Oklahoma legislature in the state). Common law encompasses unwritten rules and regulations, which may instead be based on accepted customs and practices for particular areas of concern. While common law may and does evolve over time, its development is comparatively slower to that of statutory law. This is because common law usually requires the imposition of fines and penalties for violation, while statutory law requires the enactment of legislation to be passed and voted into effect according to a legislative body’s rules and procedures prior to becoming law.
Under Oklahoma law, the concept of common law differs in that common law itself is actually a "source" of Oklahoma statutory law. Under the original Oklahoma Constitution, the term "common law" was used to mean English common law, although this context has fallen into disfavor. Today, Oklahoma common law means the "Anglo-American" legal tradition . In the state, common law principles are only authoritative when legislation has purposefully adopted them to be so. In Oklahoma, an act or statute may not have a direct equivalent in English common law, whether for purposes of construing the statute or to determine its validity or applicability. The Oklahoma Supreme Court has held that this is because American law is no longer tied to any pre-1776 English common law, thus making specific, original English common law considerations irrelevant in the U.S. context.
Historically, U.S. common laws stemmed from English common laws. Both "common laws" evolved from the use of customs, fashions, practices, and judicial interpretations, rather than statutes. Essentially, U.S. common laws in the colonies and new continental states were based entirely on English precedents and customs. These practices, however, were modified during the 1770s and later, when statutes from colonial and pre-colonial legislatures were replaced with those enshrined in state and federal constitutions, statutes at large, and other similar enactments under the new constitution.
Today, Oklahoma statutory law has incorporated – and for all intents and purposes superseded – English common law. While vestiges of English common law may still exist in the state, statutory law is now king. Common law is now primarily relevant only in determining the validity or applicability of Oklahoma statutes.
Common Law Marriage in Oklahoma
Common law as it applies to Oklahoma marriage is very short and sweet in its definition, yet it is by far the least understood aspect of common law: "a person is married under common law if the person has the legal capacity to be married and the person and his or her partner is mutually consenting to a present and immediate marital relationship." Unlike some other states that use a marriage ceremony as a means of imposing marriage requirements, Oklahoma does not. In fact, Oklahoma law does not require a marriage covenant to be in written form, and there is no official record for most common law marriages. What is required, however, is proof of a mutual agreement to be married, a legal capacity to be married, and sufficient public recognition or reputation of marriage.
While it is not exclusively necessary for all parties, in general both spouses must possess the legal capacity to marry as recognized by Oklahoma law. For example, a spouse can’t have been a minor at the time of marriage without parental or judicial consent. Oklahoma also prohibits same-sex, polygamous, and incestuous marriages. Most common law marriages are formed when the two spouses elope or have a private ceremony because neither party wants to make their relationship ‘official’ and does not mind the absence of a formal presentation of marriage. In Oklahoma however, common law marriage is created through a present and immediate marital relationship that occurs concurrently with the parties’ mutual agreement and intent to be husband and wife. If the arrangement is solely platonic, and not based on personal interests the parties possess in being recognized as married, then the arrangement will not be deemed formal in the eyes of the court. Both parties must be able to provide legal evidence of their agreement to marry and the judge’s approval of that union. Plaintiffs are required to provide evidence beyond a reasonable doubt of the elements of marriage to bypass statutory presumption. Many common law marriages are based on the following: shared property, mutual funds, joint checking accounts, significant other contributions to the upkeep of the marital residence, children of the couple, mutual involvement in their extended families, and any other behaviors that would signal a serious decision to spend a lifetime together.
While common law marriage has not been deemed exclusive to any particular class, age, or religion, it is avoided by many engaged in professional sectors due to the cost associated with divorcing after years of relationship development that may not be dissolved through equable distribution. There is often a lack of sufficient evidence to meet the very high burden of strict proof common law marriage requires and this frustration has become increasingly realized in recent years as common law marriage relations have gained more judicial scrutiny. Even though a statement from a non-biased friend as an affidavit is sufficient to prove such relationship, many judges do not have the resources or time to gather the proper information to make a proper judgment. This causes many like Plaintiff to suffer unending frustration; they have invested their lives into someone and when they want to divorce that person, the other spouse is more than willing to abdicate marital entry requirements.
Common Law Property Rights in Oklahoma
Property rights in Oklahoma are shaped by both statutory and common law. The common law rules are those handed down from long-standing court precedents and judge-made law rather than set out in formal statutes passed by the legislature. The principles of common law may vary in the different states of the country and can be important when evaluating issues regarding land title or property rights if the outcome depends on legal principles that have not been addressed by statute. In Oklahoma, common law is defined as "the unwritten law or common sense observed from the decisions of the courts." (70 O.S. § 120.8).
The meaning of common law is that if a common law principle prevails in a situation, its application to the case at bar will not be disturbed unless there is a statute on the same subject matter. Thus, if statutory law has not addressed the subject matter, the Oklahoma Supreme Court will look to the common law to provide an answer.
Common law with respect to property rights covers priority, severance or termination of property rights. Severance or termination of property rights can occur in estate planning and estate litigation where the decedent owns controlling interests in an estate or property and the testator fails to provide for certain heirs either intentionally or unintentionally. Disputes can also arise over termination of a tenancy by a landlord or termination of a leasehold by a tenant.
While statutory law provides definitions of property rights, common law under Oklahoma law usually provides for rights of priority and application of the equitable principle of "first in time, first in right." It is the statutory law, however, that will prevail over the common law where the statutory law provides for certain rights that are not expressly set out in the common law.
Common Law Principles of Tort Law in Oklahoma
Under Oklahoma common law (as construed by the Oklahoma Supreme Court and Court of Civil Appeals), certain torts or civil wrongs are actionable even if the defendant’s conduct complied with applicable statutory or regulatory requirements. Examples of such torts or civil wrongs include: negligence per se, fraud, misrepresentation, defamation, intentional infliction of mental distress, negligence in hiring or supervising employees, "bad faith" breach of an insurance-contract obligation, and intrusion upon seclusion.
Statutes and regulations can supplement, but not supplant, the common-law rules . Oklahoma law has long been that a compliance with statutes or regulations — even those promulgated for the protection of the victim — is irrelevant to a claim of negligence. That is, compliance with them cannot be conclusive of non-negligence. Conversely, violations of statutes or regulations that do not address the particular risk involved in the case at hand reflect negligence per se. It is only when the statute or regulation reflects the exact risk or harm that caused the injury that there is negligence per se (or, in the case of violation of an OSHA regulation, a rebuttable presumption of negligence).
Common Law in Oklahoma Criminal Law
Most Oklahoma statutes that create criminal offenses are written in a detailed manner and are specific to the conduct of which a person is accused. However, our common law still applies to criminal actions, even in the presence of a specific statute. Common law has neither been created, nor codified. It is simply the law that has been surpassed by custom and usage. It has been used to make corrections to written statutes to make them more broad than specific, and also to fill in gaps in written statutes (Smith v. State, 918 P.2d 371, 373 (Okla. Crim. App. 1996))(Raymond Raper v. City of Locust Grove, 140 P.2d 778, 781 (Okla. Crim. App. 1943)). Crimes that are defined at common law are often called "common law crimes" and are usually based in English common law. In states like Delaware, Massachusetts, Montana, New Mexico, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, Virginia, Wisconsin, and our own Oklahoma, criminal law crimes are defined by "common law." Even though we use these terms "common law crime" and statutory crime," both types of crimes are judged by the same statements of law and charges. All crimes are statutory, and all criminal law is statutory (Smith v. State, 918 P.2d 371, 373 (Okla. Crim. App. 1996))(Mugler v. Kansas, 123 U.S. 623 (1887)). Oklahoma Criminal Law is promulgated under Oklahoma Statutes Title 21, Oklahoma Statutes Title 22, and Oklahoma Statutes Titles 57, 63, 74, 77, and 84 (68). There are statutes for nearly all criminal offenses.
The Evolution of Common Law in Oklahoma
The landscape of common law in Oklahoma is likely to continue evolving in the coming years, as lawmakers and the judicial system address ongoing legal reforms and societal shifts. For example, there are ongoing debates at the state and national level about tort reform and the proper role of common law as a source of judicial remedies. As new technologies and industries develop, common law may need to adapt to address some of the unique challenges and considerations these changes present.
Additionally , it’s critical to consider the sociopolitical climate for potential changes to common law. Public opinion can often influence legislative and judicial approaches to the law. There is the possibility of continuing to see both constitutional and statutory provisions work in tandem with common law to shape the legal landscape in Oklahoma.
It’s impossible to predict with certainty all the developments that the common law will undergo in the years to come. What is clear is that those who can stay up to date on existing and proposed developments in Oklahoma law will be in the best position to proactively address their needs and interests.
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