I'm not trying to be condescending, but you should probably include a US centric example when asserting how the US works. The Scottish example is irrelevant, as it applies to Scotland, not the US. Also, if you try to relate Scotland and the US under the umbrella of the term "Common Law", but then say that that term has it's own interpretive meaning, you've loosened the association to the point where you can't strictly say that the Scottish and US systems are the same...
Also, as I've seen in other comments, we're going to get on the merry-go-round of defining "create law".
Also, as I've seen in other comments, we're going to get on the merry-go-round of defining "create law".