common law


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Related to common law: civil law, Common law marriage

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 ?
The common law originated in the customary practices of English men and women midway through the fifth century (Benson [1990] 2011).
By institutionalizing a system of itinerant justices ("Justices in Eyre"), "professionally expert in the law," to hear cases throughout his realm, Henry II began "the process which makes the king's court the common law of England" (Maitland and Montague 1915, 36, 31).
As possible reforms of the federal charity regulatory regime are explored, flawed understanding of the interaction between the common law and tax policy could undermine reform efforts and thwart any simplification of the system.
Gordon observes that many legal historians, whatever their historiographical commitments, are motivated by the "sheer thrilling interest" of the subject, (52) which, for Maitland and his American colleagues, largely consisted of the evolution of the common law. (53) Bigelow and Maitland exchanged views about the invention of writs, distress for rent arrear, and the liability of townships.
The similarities between Maitland and the Americans he admired and frequently cited underline that many late nineteenth century scholars, including those who did important original work on the history of the common law, shared some but far from all the historiographical assumptions Gordon attributes to the common law tradition.
(24) In addition to the more familiar jurisdictional nexus for international offenses, the military commissions are also constitutionally permitted, as an exception to Article III of the Constitution, to prosecute violations of the "common law of war"--the historical practice of U.S.
(37) In contrast, the government insists that the military justice exception also applies to domestic common law of war offenses.
(10) Simpson also pointed out that Blackstone described 'General Customs' as 'the universal rule of the whole kingdom' and as forming 'the common law, in its stricter and more usual signification'.
In this Part, I examine common law constitutionalism in Anglo-American legal history.
Sobecki convincingly argues his central thesis that a unique common law vernacular legal culture was present in England in this period, which was not limited to the works of John Fortescue, St German, and John Rastell.
6056 purposes, in most instances the third party must file returns and furnish statements in the name and EIN of each ALE member for that ALE member's common law employees.
thinking, (7) the net result has been that common law concepts are seen