federal common law

A concept intriguing to legal theorists. Strictly speaking, a nonentity. 15 Am J2d Com L § 4. In a less than strict usage, the common law enforced generally throughout the United States. Western Union Tel. Co. v Call Pub. Co. 181 US 92, 45 L Ed 765, 21 S Ct 561. While there is no common law of the United States in the sense of a national customary law, the courts of the United States enforce the law as they find it in the several states and apply the common law, as a national institution, in the interpretation of the constitution. State ex ref. Powell v State Bank, 90 Mont 539, 4 P2d 717, 80 ALR 1494. Although there is no national common law in the United States distinct from the common law which each state has adopted for itself and applies as its local law subject to alteration by statute, there is a federal common law in the sense that the United States Constitution, treaties, and statutes are construed in the light of common law principles and in the further sense that the federal courts also apply common law principles in cases involving substantive matters in transactions substantially involving the interests or obligations of the federal government or its instrumentalities. 15 Am J2d Com L § 4. "Notwithstanding Erie Railroad v Tompkins, 304 US 64, 82 L Ed 1188, 58 S Ct 817, 114 ALR 1487, there still exist certain fields where legal relations are governed by a Federal common law, a body of decisional law developed by the Federal courts untrammeled by state court decisions." O'Brien v Western Union Telegraph Co. (CA1 Mass) 113 F2d 539.