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 ?
Anderson's paper proves that countries that use the common law system have significantly higher female HIV rates compared to countries that adopted the civil law traditions.
Jurisprudence function in Court of Justice activity was acknowledged in doctrine and its mainly constant practice to reiterate the previous decisions, brought it near to the common law system, without the legal value of the precedent as regarded by this system, because at the same time, the Court has what the French doctrine calls "revirement de jurisprudence", specific for the Roman-Germanic system (Popescu and Manea, 2012: 7).
103) In a common law system the judge is the machine himself to a
In England, the common law system continued to develop and the nineteenth century was to be a period of great judicial creativity.
52) This leeway is not afforded to, or exercised by, judges in the common law system.
On a personal note, I confess I have had to rewire my brain to fully understand the workings of the common law system as well as the tutorial method of learning, which is definitely more academically rigorous.
But the Civil Law system is entirely different from Common Law system (some would even say incompatible), and it too varies enormously from country to country.
Despite China's ultimate authority over Hong Kong, the financial hub maintains a high degree of autonomy, with its British common law system considered one of the pillars of its success as a commercial and financial hub.
These different tracks, however, do not point to some historical contradiction in the common law system, but rather point to the differing properties of alternative systems of political economy that were in play at different historical moments.
Well advised international investors gravitate towards the security that the English Common law system of The British Virgin Islands offers for both trust and corporate structures.
In addition, these early chapters explain how a common law system differs from traditional civilian legal systems, how to locate authorities in a library or online, and how to synthesize several sources into an operative legal rule through IRAC analysis and a short closed-universe memorandum.
In contrast to civil (continental) law system, common law system places great weight on court decisions which have the same force of law as government-made laws (statutes).