[jf55510]

The common law was "made up"? Fascinating.

Of course it was, where else would it come from? Some magic law fairy? It was made up using decisions from English courts starting in the 1100's.

The common law of California included elements of the Spanish alcalde.

The common law of California does no such thing. Spain, and thusly California, was a civil law jurisdiction. In the 1800's California became a common law jurisdictions and put parts of its civil law jurisdiction into the codes.

Short term memory loss?

Not at all, completely consistent.

[Mojave]

Of course it was, where else would it come from?

Precedents, standards and customs evolved over time.

Your position that it was "made up" and then fixed for all places for all time is the sort of ignorance Justice Story addressed when he noted that the common law was not "a brooding omnipresence in the sky".

[Mojave]

Correction: Justice Hand, not Justice Story.