Idaho Code
Idaho Code

Idaho Code § 73-116 (2026)

Common law in force. 

✓ current as of May 2026
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Common law in force. 

The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled laws, is the rule of decision in all courts of this state.

Notes of Decisions
Cited in 60 cases (4 in the last 5 years), 1954–2025 · leading case: Sch. Dist. No. 351 Oneida Cty v. Oneida Ed. Ass'n, 567 P.2d 830 (Idaho 1977).
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Sch. Dist. No. 351 Oneida Cty v. Oneida Ed. Ass'n, 567 P.2d 830 (Idaho 1977). · cites it 20× “As previously noted, we find no constitutionally guaranteed right to strike in public employees and no such right existed at common law.”
Alegria v. Payonk, 619 P.2d 135 (Idaho 1980). · cites it 8× “It rather provides only a superficial gloss to the very large questions of whether the Court should judicially legislate in an area in which the great majority of jurisdictions have acted through their legislature or what policies are served by the overruling of what has been…”
Meade v. Freeman, 462 P.2d 54 (Idaho 1969). · cites it 18× “I.C. § 73-116, provides: "The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled laws, is the rule or decision in all courts of this state.”
Bishop v. Owens, 272 P.3d 1247 (Idaho 2012). · cites it 8× “See I.C. § 73-116 ("The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled laws, is the rule of decision in all courts of this state.”
State v. Pina, 233 P.3d 71 (Idaho 2010). · cites it 8× “In 1864, the legislature also adopted what is now codified as I.C. § 73-116 which states: Common law in force.”
State v. Dameniel Preston Owens, 343 P.3d 30 (Idaho 2015). · cites it 4× “§ 18-308 to abrogate entirely the common law rule pertaining to consecutive sentences and prohibit the court from imposing consecutive sentences except in the narrow range of cases 1 The Idaho Constitution was subsequently amended in 1978 to permit the Legislature to establish…”
Nation v. State, Dept. of Corr., 158 P.3d 953 (Idaho 2007). · cites it 4× “We hold, therefore, that Stoppello and the county are immune from the corrections officers' state law claims because responding to discovery is a quasi-judicial function.”
Miles v. Idaho Power Co. Ex Rel. Evans, 778 P.2d 757 (Idaho 1989). · cites it 4× “I.C. § 73-116 states: 73-116. Common law in force.”
Robinson v. State Farm Mut. Auto. Ins., 45 P.3d 829 (Idaho 2002). · cites it 4× “See I.C. § 73-116; Evans v. Twin Falls County, 118 Idaho 210, 215 , 796 P.”
Animal Legal Def. Fund v. Wasden, 878 F.3d 1184 (9th Cir. 2018). · cites it 2× “The court is unaware of any recent Idaho cases to the contrary, and the 1976 amendments to the 10 “The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled…”
Evans v. Twin Falls Cnty., 796 P.2d 87 (Idaho 1990). · cites it 4× “I.C. § 73-116 provides that the rules of the common law are in effect in Idaho unless modified by other legislative enactments.”
Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001). · cites it 4× “As noted above, the ITD is charged with the responsibility of maintaining Highway 75. See I.C. § 40-201; I.C. § 40-502.”
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