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 ?
These policy standards should be established by a common-law employee directly accountable to and controlled by the assessor -- not a third party who could have only a short-term relationship with a given assessor and possibly only a cursory understanding of the assessor's policies and procdures.
The common-law courts of the Republic of Texas or any other similar body have no legal existence .
The National Office cautioned that the entity that pays the resident may not be the common-law employer and could instead be a statutory employer under Sec.
It was a tragic mistake in the 1970s to start extending spousal benefits to couples in common-law unions that are far more fragile than marriages, despite the epidemic of divorce over the past 40 years.
Under the Administration proposal, community property would be treated less generously than nonjointly held property in common-law states when the property was owned by the first spouse to die.
Example 4--Common-law state: X is married to Y; they live in a common-law state and each is 60 years old.
5) Still others have suggested that section 34 was itself a command to the federal courts to apply an amalgam of "American" common-law principles, as opposed to the common law of any particular state.
COMMON-LAW LIBERTY: Rethinking American Constitutionalism, by James R.
However, the Jobs Act did not require W-2 to be filed and did not specify whether the employees must be the taxpayer's common-law employees.
They could well be living in an adulterous, common-law relationship, as well as having committed many other serious sins without confessing them to a priest.
It also features in a host of popular dictionaries, even though common-law marriage is an "urban myth", said the Living Together organisation.
The bankruptcy courts have held ERISA is meant to benefit common-law employees, while a sole owner is an employer.