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common law |
Also found in: Medical, Legal, Encyclopedia, Wikipedia, Hutchinson | 0.02 sec. |
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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.” How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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In an introduction, nine chapters, and conclusion, Stoner hopes to defend the central importance of the common law tradition to the formation of American law, its continued importance to American legal reasoning, and ultimately the need for more of it. The SJC acknowledged that the state statutes, past court precedents and common law tradition uphold the common sense definition of marriage as consisting of a man and a woman. 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. |
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