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 ?
2) Special thanks for their ideas and enthusiasm go to law students in my Advanced Common Law Obligations classes of Fall 2011 and Fall 2012.
As a practical matter, a domestic statutory employer often pays wages, while the foreign common law employer provides some imputed income items, benefits, or payments directly to the employee.
33) The trial process has been turned over to lawyers; (34) the intricacy of the rules of procedure (35) would stun a judge in the colonies or in the Old Bailey; (36) and defendants have postconviction avenues open to them that were unheard of at common law.
420 and stated "[t]he only recognized common law exception to the broad scope of [Rule 1.
The criticism that the common law is undemocratic is not confined to state courts and state law.
Professor A R Hogue in his work Origins of the Common Law is admirably succinct: 'The rule of law, the development of law by means of judicial precedents, the use of the jury to determine the material facts of a case, and the definition of numerous causes of action--these form the principal and valuable legacy of the medieval law to the modern law.
Weyrauch, "Informal and Formal Marriage--An Appraisal of Trends in Family Organization," University of Chicago Law Review 28 (1960): 105; Catherine Augusta Mills, "Implications of Repeal of Louisiana Civil Code Article 1481," Louisiana Law Review 48 (1988): 1206; Bowman, "A Feminist Proposal to Bring Back Common Law Marriage," 724.
The importance of searching digital content and online marketplaces as a part of a common law trademark search is paramount as the volume of digital data continues to grow exponentially every day.
It is this notion of the Roman law and the English common law emerging as a byproduct of individuals' private efforts to vindicate their rights that leads Leoni (presaging Hayek) to observe that law in this sense is something to be discovered, not something to be made: "Both the Romans and English shared the idea that the law is something to be discovered more than to be enacted and that nobody is so powerful in his society as to be in a position to identify his own will with the law of the land" (1991, p.
BY signing the international arrangement with the European Union, our present Government, along with previous governments, has quietly removed the strength of our common laws from our shores.
Denis Boivin, La reparation en common law et en equity, Cowansville (Qc), Yvon Blais, 2012.