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 ?
(266) Unlike colonizers' imposition of much of public law, common law-based commercial law was in effect voluntarily incorporated.
In addition to the legislative changes and a network of statutory law, common law, and privacy law in Canada, there are a growing number of Internet sites (e.g., www.safecanada.ca/identitytheft_e.asp) that offer information and educational tips on how to protect one's identity.
Under the new law, common assault is now an arrestable offence and injunction orders have become more far reaching.
James Wilson's answer to Gouverneur Morris suggests that the delegates intended the Exceptions Clause to empower Congress to limit the Supreme Court's appellate jurisdiction over substantive issues of law, common and civil, as well as to empower Congress to withdraw from the court the power to disturb jury verdicts.
When the union is recognized under the law, common property is established, and the rights of the children born to the couple are guaranteed.
If law-abiding motorists are expected to respect the law, common sense should be applied and speed limits adjusted for different conditions.
(London: Cavendish Publishing Ltd., 1999) is civil law, common law, European Community law (each treated in its own chapter) and then a catchall chapter entitled "Socialist Law and Other Types of Legal Systems", where the author devotes only three pages to Chinese law and five pages to Japanese law.
Of course it had already done this, in 1954 when, using sociology rather than constitutional law, common law or precedent, it voted by the same majority (five to four) to outlaw segregation but this is not part of the author's attack.
The guide then goes on to explain what a learning disability is, types of learning disability, the Individuals with Disabilities Education Act, accessing special education services (including the benefits of evaluation and the Individualized Education Program), rights and responsibilities under the law, common reasons for referral to special education, grade repetition, and private schools.