User:Cbabinchak

Custom (Legal)

Custom, is one of the earliest sources of law. Custom, in the legal sense, refers to what is customary in the courtroom. In the earliest times, judges din't think much about the principles guiding their decisions (opinio juris). . They based their decisions on what was customary during their time. Behavior that was customary was considered correct, and behavior that wasn't customary was considered incorrect.

Judges still consider custom today although not nearly as much as judges in the past, Custom also differs from place to place, and it changes over time. For example, the custom of allowing three days grace after the expiration of the time for payment of a bill is sometimes accepted, even though isn't law.

Modern law has grown so much that it usually isn't necessary to consider custom. It's only considered when a law is lacking., and only where the custom is inconsistent with the general principles of the common law. While custom can't be substituted for law, it often influences new legislation.