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 ?
Her use of Francis' surname surely shows that Ciri saw herself as Francis' common-law wife.
Conrad, James Wilson's "Assimilation of the Common-Law Mind," 84 Nw.
The Court seems to hinge its decision on the "choice to marry," and a common-law couple's decision not to make that choice.
Law, for Leoni, as made by the jurisconsults and the common-law judges, is a spontaneous-order process focused on how the law emerges from the resolution of discrete disputes between private individuals and an ongoing conversation among different judges to determine what the law should be.
The article does not aim to deny what are obvious truths about the common-law judge's role in these practices.
8) In addition, partner killings (or "mariticides") occurred more frequently in common-law unions than in legal marriages or in any other domestic or romantic arrangement.
To be sure, a populist legislature may undercut the rule of law in civil-law countries by its impact on judicial decisions, but judicial decisions in common-law countries may also be highly uncertain because of the huge discretion that judges have in deciding which precedents apply to a case at hand.
The actual common-law regulation of arms, however, did carry across
In the article, Snow contends that electronic communication is subject to the same common-law principles that apply to conventional mail.
The Court acknowledges the principle that common-law terms ought to
274(n) limit on per-diem meal expense allowances it paid to the drivers, because it was the driver's common-law employer (see Transport Labor Contract /Leasing, Inc.