common law

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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 ?
section 46A-10A-16 and are very flexible as long as the plan does not oppose these purposes and case law.
For instance, there's nothing I could find that told me how far back the database of Illinois case law reached (though I did find unpublished cases within my search results).
In light of the existing case law, a corporation seeking to maximize claims of attorney-client privilege, should, when seeking advice from its outside tax counsel or accountants, pose its request in terms that are not directly tied to the preparation of its return.
Statutes, case law and regulatory opinion letters dealing with investment fiduciary responsibility reinforce this concept.
Using inappropriate case law to bolster dubious conclusions: The guidelines cite cases from the college level and cases dealing with government funding of religion to assert that some types of religious activity are legal in public secondary schools.
provides Washington State case law, statutes, regulations and other information to legal professionals.
CASE LAW and Silver Wizard have joined the team of stallions at Hedgeholme Stud near Durham for 1999.
Managers must comply with huge layers of policy, procedure, and case law that have been heaped on top of that fairly simple starting point.
Case law has upheld mandatory arbitration agreements in California and Maryland.
Full-text case law on compact disc is available from West Publishing Company for Colorado, Connecticut, Illinois, Kansas, Louisiana, Michigan, New Jersey, North Carolina, Pennsylvania, Tennessee, and Washington, in addition to previously released case law sets for California, Florida, Texas, Massachusetts, and New York.
Because of the substantial body of case law on handicap discrimination arising under the Rehabilitation Act, this will probably be true for years to come.