We have an English system of justice. Since personal redress of grievances was not a viable way to settle disputes in medieval England, the early regional kings of Celtic and Anglo Saxon England and later unified Norman England instituted a system of circuit judges. In stead of beating your opponent to death with a club over a dispute, you were required to hold your claim until the circuit judge arrived.

There was no parliament in those days. So there was no statutory law enacted by a legislative body. You had proclamations by the kings. The circuit judges would apply the law of the kings (proclamations), and in the absence of a proclamation would fashion a remedy for each of the claims presented by the claimants.  This is what became known as common law. While the rights of the English nobility were governed by the Magna Carta, the rights of the common man were governed by the common law.

Since most of the population was illiterate at that time, there was a very important official known as a prothonatory involved in the process. They evolved into our modern day notaries public and court clerks. The prothonotory was charged with writing down each of the circuit judge's rulings and keeping them as guides for future cases involving  similar facts. This became the system of legal precedent. The prior rulings of the circuit judges served to a guide other judges in similar cases.

After the Glorious Revolution and the Protectorate of Oliver Cromwell in the 1600's the power of the Parliament grew in following centuries as the power of the kings declined. The statutory law of the Parliament replaced the proclamations of the kings.

The system of common law and statutory law was brought to this country. After the American Revolution it grew into the American legal system. The courts interpret and apply the statutory law. When there is a problem that requires adjudication, and there is no statute on point, the court is free to fashion a remedy from equitable and legal principals and through reference to legal prcedent. The legal remedies usually deal with money damages. The equitable remedies (sometimes called extraordinary remedies) usually involve a court order (injunction or mandamus). In some states there is a division in the legal system between the courts of law and the courts of equity (also known as courts of chancery). In other states such as Connecticut the court is unified, but applies either legal or equitable remedies as the case may require.

The courts of law grew out of the English Courts of the King. The Courts of Equity grew out of the English ecclesiastical courts. You may have heard the expression the letter of the law as opposed to the spirit of the law. For the most part the King's Courts enforced the letter of the law, and the Courts of Equity enforced the spirit of the law. Hence the expression, "Let right be done."

While common law made by the court and statutory law made by the legislature may coexist in different areas of the law. They cannot coexist in the same area of the law. Where common law and statutory law conflict, the statutory law supercedes the common law. Consequently, several hundred years of common law can become obsolete if the legislature elects to enact a statute in place of the common law. This has become very evident with tort reform in some states especially in personal injury cases. Where common law has been supplanted by statutory law the court's role changes from that of making common law to that of interpreting and applying statutory law.