common law

(redirected from Common law tradition)
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common law

or

case law

laws based upon the outcome of previous court cases which serve as a precedent in guiding the judgement of present court cases. Where important legal principles are involved in a particular court case, the plaintiff or defendant may appeal against the judgement of a court to a higher court such as the High Court and then the House of Lords in the UK and finally the European Court of Justice. Compare STATUTE LAW.

common law

the body of law built up over many years as a result of previous court decisions interpreting legislation. These establish legal precedents that then need to be followed consistently in subsequent court cases. Compare STATUTE LAW.

common law

A law derived from common usage, ancient customs, or the pronouncements and interpretations of courts.Contrast with code law,or civil law,which relies on statutory enactments for the articulation of rights and responsibilities, and then judicial interpretation of those statutes. English law,and almost all American law,is based on common law.The law in France is based on the Napoleonic code,and the law in Louisiana is based on that code also.(Because of the completely different underpinnings of Louisiana law,it is rare to find a lawyer or real estate agent outside the state who will offer an opinion regarding real estate law within the state.) When reading definitions of words,one should pay attention to whether the definition recites “at common law” or “at civil law.”

References in periodicals archive ?
A key strength of the common law tradition, says Lord Goff in a lecture at the turn of the twenty-first century on the future of the common law, is the fact that we "can hear the voice of the individual judge speaking from the page.
158) Thus, judicially created international law reveals the dual nature of international law: although theoretically held in check by the civil law roots of international law, its increasing use suggests the influence of the common law tradition.
constitutional principles that are not present in other common law tradition countries, but the U.
Meanwhile, courts across the country are trying to redraw the legal lines of paternity now that genetic testing and welfare reform are colliding with 500 years of common law tradition, which has presumed that all children born in a marriage are the husband's responsibility, whether or not he is the biological father.
Interestingly, as a broad generalization, countries with a common law tradition, strong protection of shareholder rights, good accounting regulations, low levels of corruption, and no explicit deposit insurance tend to be market-based.
Some have wrestled with the negative effects of the new predominance of statutes and sought in one aspect or another of the common law tradition a way to see through these new challenges and bolster the integrity of the legal system.
In the common law tradition, however, judges sometimes are required not only to apply the law but also to interpret and, to a degree, even create it.
Willard Hurst and The Common Law Tradition in American Legal Historiography," Law And Society Review, 10 (1975), 9-55].
More broadly, as medievalist Norman Cantor insists, the common law tradition that anchors our legal system is the fruit of pre-Reformation--that is Catholic, not Protestant--England.
There is no aggression on the Mi'kmaq part, and their actions to this point have been restrained and have met even the standard justifications of resistance in the British common law tradition.
Ultimately, as we understand the common law tradition, it is democratic.
Unless New Zealand exists wholly outside the shared common law tradition, a pure common law regime will not guarantee greater employer hegemony.