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 ?
from the common law tradition. In private law, the ideas of the civil
(90) Whether it engages in Adjudicating or Rulemaking, a constitutional court operating in the common law tradition must be mindful of its obligation to offer practical guidance.
Patrick Glenn captures this notion of bounded, yet still risky, independence of judges in the common law tradition: "[T]hey commit themselves to an ethic of independently administering justice, within the cadre of the law.
Viewed from the perspective of the common law tradition the meeting of the common law and Indigenous laws uses all three of these aspects of jurisdiction.
I highly doubt that there is any mystical connection between the French language and the civil law tradition and the English language and the common law tradition. (11) Linguistic Rights or Legal Rights?
Edlin partly grounds the idea of common law review in what he calls a 'conceptual' argument based on the role of the judge in the common law tradition. It is, however, hard to see just what the argument is, or in what sense it is 'conceptual' rather than say traditional or customary.
My mind turned to Llewellyn's, The Common Law Tradition, (6) but though I love his crystalline thought, Llewellyn's prose can lead one down wayward paths.
New Delhi, Aug 8 (ANI): Vice President Hamid Ansari on Saturday said that the contributions of the common law tradition, the Constitution, and the judiciary to consolidating the Rule of Law in India have been more than negated by unfair and lax enforcement, discriminatory application of laws and filtered access to the justice system.
It is a fascinating record of a development within the common law tradition that has made Western civilization possible and upon which it continues to depend.
It was first published nearly 70 years ago by Karl Llewellyn in a law journal, and later reproduced in his classic work Deciding Appeals: The Common Law Tradition (1960) (Appendix C), a book described by former Yale Law School Dean Anthony Kronman as "the best account of common-law adjudication that any American has ever offered." (23)
In the common law tradition, to which the United States remains steadfastly faithful, courts are able to rely on a rich legacy of rights and liberties dating from time immemorial.
This geopolitical ordering of international law has been further reinforced by the fact that the vast bulk of the day-to-day operations of international law take place within domestic legal institutions (119) of which the majority are systems derived from either the civil or common law tradition. (120) Nonetheless, despite this borrowing from the civil and the common law, international law has some unique aspects that reflect the fact that its primary subjects are states.