common law

(redirected from Law, Common)
Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia.
Related to Law, Common: Common law marriage

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 ?
This made the administration of justice the task of the central authority in the kingdom and thus led to the uniform development of a true common law, common to all Englishmen, whether of English or Norman ancestry, and common to all England.
Sudan as a whole is governed through customary law, common law and Islamic law in North Sudan.
Strauss, Common Law, Common Ground, and Jefferson's Principle, 112 YALE L.
It is not just the franchise laws with which you must be familiar, but trademark and copyright law, common laws relating to misrepresentation, and trade practice laws.
Policy often matters in deciding cases, but it is usually policy attributable to Congress or to public policy reflected in case law, common sense, and the values of the community.
Adam Dodek is a professor at the University of Ottawa's Faculty of Law, Common Law Section.