Understanding Iowa’s Legal System: Is Iowa a Common Law State?

Iowa’s Legal System: An Overview

The legal system in Iowa has its roots in the English common law tradition, having been established as a territory of the United States in 1838. As a result, Iowa relies on history and precedent when making decisions in court. This is known as the concept of judicial law, or judge-made law, which was adopted in 1846 when Iowa became a state. Such an approach, which has been preserved to this day, is a fundamental part of the common law system , and recognizes the legal system as being continuously developed by judges. The other major legal tradition, known as the civil law system, is derived from the Napoleonic Code and is characterized by rules and regulations rather than precedent, with a core goal of predictability in decision making. Common law, derived from Great Britain, on the other hand, hinges on flexibility, and maintains a higher degree of uncertainty.

Common Law in Iowa: A Breakdown

In Iowa, the common law can be defined as the body of unwritten laws based on legal precedents established by the courts. This body of law is used as a precedent in judging current cases that are still undecided. Iowa’s legal system does not take precedence over statutes and Constitution. Federal law prevails over state laws in Iowa, but this is not common law. Decisions made by judges in Iowa courts are considered common law.
The impact of common law on judicial decisions is that Iowans benefit from the history of other states. Iowa Courts may make decisions similar to the ones in other states until the Iowa Legislature provides a statute stating otherwise. In addition, common law makes all courts in Iowa follow the same legal principle. The actions of a lower court may bind a higher one if the higher court gives precedence to the judgment of the lower court.
The features of common law in Iowa include the fact that it recognizes precedents. Iowa’s judicial decisions are respected by courts throughout the nation. The value of these decisions is that they show the trend of how the courts interpret laws and how consistent or inconsistent their decisions are.
In addition, the decisions of Iowa Courts follow the decisions of the U.S. Supreme Court. Because all of the states that use common law adopt the English common law, Iowa courts also follow the decisions made by the English courts. Common law in Iowa also allows the courts to "make" law. Since the courts use the decisions of precedents as a foundation for the laws that they make, they are creating new laws.

The Difference Between Statutes and Common Law in Iowa

In Iowa, the common law remains a significant source of law, coexisting alongside statutory law passed by the legislature. However, there are certain areas where Iowa law has overtaken the common law or statutory regulation of the common law prevails.
Contract Law: A major part of Iowa’s common law is contract law. Iowa’s statutory regulation of contracts deals with particular scenarios, but the general rules of contract law – such as offer, acceptance, consideration, and legality – remain governed by common law. Iowa Code § 537C governs a debt obligation to pay money or another performance, otherwise known as a "debt security." Iowa Code § 679D governs that law and procedure for notarys public, or individuals authorized to administer oaths and acknowledgements to signatures; administer civic oath; testify on behalf of the United States; and take depositions for the United States.
Family Law: While Iowa law governs the dissolution of marriage, the common law of marriage and procedure for divorce continues to govern family law matters in Iowa.
Torts: Iowa law has codified many fundamental elements of tort actions, such as the statute of limitations and elements that give rise to a cause of action. However, it has not codified the elements of negligence, strict liability, trespass, and intentional torts.
Property: Core principles of property law come from the common law. But Iowa law regulates the residential landlord-tenant relationship, landlord-disclosure requirements, residential lease obligations, security deposits, and termination of a tenancy.
Employment: Iowa statutes govern the employment relationship. Issues such as employment agreements, wrongful discharge law, wage theft, employment and discrimination, and defamation actions related to employment are regulated by statutory law, not the common law of Iowa.

The Role of Precedent in Iowa Courts

Precedent, or case law, is law established in previous court decisions. In Iowa, like many other states that have a common law system, the decisions made by higher courts contribute to Iowa’s existing body of law. When Iowa Supreme Court or Court of Appeals judges make a decision, that ruling becomes precedent for later cases. Under the principle of stare decisis, which in Latin means "to stand by things decided," earlier decisions are binding upon all lower courts.
For example, let’s say that the Iowa Supreme Court makes a ruling about how a law should be interpreted. After that decision, all lower courts have the same obligation to interpret the law in that manner. The only other court that can overturn that decision is the Iowa Supreme Court.
There are a few exceptions to the principle of stare decisis. The High Court can deviate from this principle. If the Iowa Supreme Court disagrees with a previous decision it made, it has the power to overrule its own precedent. If a new legislature enacts a law that overrides a decision, the courts must follow the new law. Precedent may also be overruled if the application of the rule considered burdensome to the court system. The Iowa Supreme Court sometimes decides not to follow a precedent if the decision is outdated or too harsh to a specific group of people.
Even if there are no exceptions, lower courts must still follow case law as it is interpreted by a higher court. For example, if the Iowa Court of Appeals makes a decision that differs from a decision the Chief Justice made about the same legal issue, the lower court must still follow the Chief Justice’s ruling.
Decisions made by federal courts do not bind courts in Iowa, other than federal courts in the state, unless the subject matter involves the U.S. Constitution or federal law.

Common Law Marriage in Iowa

Common Law Marriage in Iowa:
In 2009, Iowa abolished common law marriages for marriages entered into on or after January 1, 2011. This means that you cannot enter into a common law marriage in Iowa after 2011. However, if you entered into a common law marriage prior to Jan. 1, 2011, that marriage is valid today and you may formally dissolve the marriage through a divorce action in Iowa. In its 2009 ruling, the Iowa Supreme Court held that marriage is a "fundamental right" and that Iowa has a compelling government interest to register marriage as a matter of public record . Common law marriages, on the other hand, are not registered and do not have a definitive date of marriage; this, the court ruled, was not a compelling government interest. Since common law marriages are no longer legal in Iowa, this is not an area of law we often deal with. Generally speaking, allocation of property and debt for common law marriages follows the same rules as formal marriages. State laws on equitable distribution of assets and liabilities, and all the tax implications thereof, apply to common law marriages the same as any other marriage.

How Iowa’s Legal System Compares to Other States

When comparing Iowa’s common law practices with those of other states, we find both distinctive features and areas of general consensus. For instance, while Iowa courts adhere to the rule of stare decisis, which translates to "to stand by things decided," as a general guideline for deciding cases based on precedent, we apply a unique rule to give effect to or repudiate previous decisions depending upon their soundness.
The structure of our court system is also atypical in the country, with an intermediate appellate court (the Iowa Court of Appeals) and a specialized problem-solving court (the Iowa Tax Court). Some states don’t utilize an intermediate appellate court at all and leave appeals from the trial courts directly to a single court of last resort, often called the supreme court. But handling the volume of appeals that our state courts receive would be an arduous task for a select few justices, so our intermediate appellate court serves as an effective path to handle the appeals of right.
Overall, our common law system is largely a reflection of English common law that has been interpreted and adapted by our courts over time.

Common Law in Iowa: Terminology Explained

Iowa is a common law state, meaning it’s governed by court-made law in addition to its codified laws, known as statutes, which are made by the Iowa Legislature. The Iowa Constitution also lays out constitutional law which, along with court decisions, gives the judicial branch the authority to interpret and modify statutes.
Therefore, when you throw in the possibility of interpretation and modification to statutes as well as judicial rulings, there are a lot of different legal terms when it comes to the law that standard citizens may not hear every day. That’s why we’ve laid out some of Iowa’s commonly used legal terminology relating to common law in Iowa to help you decipher some of them:
Common Law: Common law is what Iowa courts decide, either in a decision by itself or within the context of legislated statutes. Common law refers to the decisions made on cases that don’t have specific statutes directly related to them, essentially becoming precedent for similar future cases. For example, when the Iowa Supreme Court decided a tort case on premises liability where there was no statute, they created common law on the subject. They decided that property owners were liable and would be required to pay damages to the persons who suffered injury as a result of their failure to keep their property in reasonable care and condition, becoming a precedent for similar property liability cases.
Court-made Law: Another name for Common Law is Court-Made Law. When a court creates a written explanation of a new legal principle in a judicial decision, that’s known as court-made law. When Iowa courts decide cases, they can do so in two different ways: by using statutes or by using common law. For example, the Iowa Supreme Court might decide a case based on Iowa Code section 657.1, property actions, which states that if you owe rent and the person renting the property pays, they’re not allowed to be evicted until the rent is paid in full. That’s a case decided on statutory law. Alternatively, the Iowa Supreme Court could decide a case on statute 618.14, which would be a case decided because a party believed that the person who modified a contract unfairly benefited from doing so. Instead of statutes, the court would use common law to decide the case.
Court Opinions: Opinions of a court are written explanations of a new legal principle that become precedent for all Iowa courts, removing the need for a new case for each occurrence. Iowa uses court opinions to promote consistency in rulings between courts, such as that cited in the earlier example, which was decided on statutes. Court opinions rely heavily on precedent from other cases. Sometimes, those past cases decided under different statutes by other courts will still have enough similarities to be considered precedent of future courts deciding similar cases. That means if you get rid of all the statutes and previous cases, or precedents, you would have little to no common law.
Case Law: Essentially, case law is the case names used in Iowa to identify the main issue of the case and the ruling made in favor of either litigant. Iowa uses the name of the first-listed plaintiff, or party bringing the case, against the first-listed defendant, in the order they’re filed. Often, a case name is cited in order to show precedent for the case being decided. For example, a case might be cited as "Doe v. Roe, 763 N.W.2d 109." The first number signifies the volume number of the reporter the case ruling is in. The second number signifies the page number on which the ruling appears.
The first two parts of the citation, "Doe v. Roe," are the case name, which includes last names of the parties involved. The third part, "763," is the volume number of the reporter, and indicates what year the case was published. The fourth part, the "N.W.2d" tells you the reporter and court that published the ruling. N.W.2d indicates the reporter was published by the Northwest Reporter, a publication of the West Group of Thomson Reuters, and the court is the Iowa appellate courts. Finally, the last part of the citation, "109," is the page number of the publication on which the case ruling appears.
Statutory Law: Statutory law is simply the set of legislative codes enacted by Iowa’s legislative body, or the state legislature. It includes laws passed by state legislatures – which consists of two parts, the House of Representatives and the Senate – local governments, like that of counties and municipalities, and non-governmental organizations, such as private organizations. Statutory laws operate similarly to that of common laws in how they can be interpreted and modified by courts.

Legal Troubles in Iowa: What To Know

To effectively navigate Iowa’s legal system, individuals and businesses should first consult with a qualified attorney who is well-versed in Iowa law. It is essential to find a lawyer with experience in the specific legal issue at hand, as Iowa’s legal system can be complex and nuanced. This choice is important not only for an individual or business’ peace of mind, but also because proper representation can affect the outcome of a case, and with it, the rights and responsibilities of the individuals and businesses involved.
Iowa courts offer various resources for legal assistance, including:
Additionally, several statewide and local legal aid organizations provide resources and services to those in need. These organizations often focus on pro bono and low-cost legal assistance for those who might otherwise be unable to afford legal representation.
Legal Aid of Iowa provides free legal assistance for Iowans across the state. It assists with a wide variety of issues , such as obtaining orders of protection, seeking government benefits, preventing foreclosure, and ending abusive relationships. Legal Aid of Iowa also helps people who have lost their homes, had to declare bankruptcy, or have their wages garnished.
District of Columbia Bar Pro Bono Center provides access to and assists with pro bono legal matters for those in Davis, Dubuque, Johnson, Polk, Story, and Van Buren counties.
Iowa Legal Aid – Sioux City Office assists people in Cherokee County, Colfax County, Harrison County, Ida County, Monona County, O’Brien County, Plymouth County, Sac County, and Woodbury County. While the main office for Iowa Legal Aid is located in Sioux City, regional offices are also located in Cedar Rapids, Davenport, Des Moines, Dubuque, Iowa City, and Mason City.