In summary, this brief has explained what the common law is, its history, its clear continuance in Constitutional law -- its preservation as a right in the 7th Amendment, how a common law suit proceeds, and especially how it applies to the suit at hand. Let us read again the 7th Amendment:
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
From the founding of this country and from the founding of California, the common law has been a right of the people, the right to rule their own lives and live free from kings and others who might rule them in tyranny. They have:
“clung to it as their birthright of themselves and their children, with a tenacity that no power, no suffering, no danger, no hope of reward, could induce them to relax.” (RCCL, 593)
Nor will any one else inspired by the beauty and simplicity of the common law be induced to relax from the pursuit of justice by the common law.