What does common law mean?

Definitions for common law
com·mon law

This dictionary definitions page includes all the possible meanings, example usage and translations of the word common law.

Princeton's WordNet

  1. case law, precedent, common lawnoun

    (civil law) a law established by following earlier judicial decisions

  2. common law, case law, precedentadjective

    a system of jurisprudence based on judicial precedents rather than statutory laws

    "common law originated in the unwritten laws of England and was later applied in the United States"

  3. common-law(p)adjective

    based on common law

    "a common-law right"

Wiktionary

  1. common lawnoun

    Law developed by judges through decisions of courts and similar tribunals (also called case law), as distinguished from legislative statutes or regulations promulgated by the executive branch.

  2. common lawnoun

    typically in the phrase "common law system" -- a legal system that gives great precedential weight to common law (in sense 1), as opposed to a civil law, Islamic law, and Soviet law systems.

  3. common lawnoun

    typically in the phrase "common law jurisdiction" -- a jurisdiction that uses a common law system (in sense 2), United Kingdom and most of its former colonies and possessions, including the United States.

  4. common lawnoun

    (archaic) one of two legal systems in England and in the United States before 1938 (the other being "equity").

Samuel Johnson's Dictionary

  1. Common Law

    contains those customs and usages which have, by long prescription, obtained in this nation the force of laws. It is distinguished from the statute law, which owes its authority to acts of parliament.

Wikipedia

  1. Common law

    In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. If a court finds that a similar dispute as the present one has been resolved in the past, the court is generally bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (a "matter of first impression"), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The opinion that a common law judge gives agglomerates with past decisions as precedent to bind future judges and litigants. The common law, so named because it was "common" to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. The British Empire later spread the English legal system to its colonies, many of which retain the common law system today. These common law systems are legal systems that give great weight to judicial precedent, and to the style of reasoning inherited from the English legal system.The term "common law", referring to the body of law made by the judiciary, is often distinguished from statutory law and regulations, which are laws adopted by the legislature and executive respectively. In legal systems that recognise the common law, judicial precedent stands in contrast to and on equal footing with statutes. The other major legal system used by countries is the civil law, which codifies its legal principles into legal codes and does not recognise judicial opinions as binding. Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law, including Antigua and Barbuda, Australia, Bahamas, Bangladesh, Barbados, Belize, Botswana, Burma, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus, Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong, India, Ireland, Israel, Jamaica, Kenya, Liberia, Malaysia, Malta, Marshall Islands, Micronesia, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore, South Africa, Sri Lanka, Trinidad and Tobago, the United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and 49 of its 50 states), and Zimbabwe.

ChatGPT

  1. common law

    Common law, sometimes referred to as case law or judge-made law, is a system of law based on precedents or past judicial decisions, rather than statutes or formal legislation. It evolves and develops through decisions made by judges in courts and tribunals, and becomes a guiding principle for future cases on similar issues. This system is predominantly used in countries that were previously British colonies or territories, including the United States, Canada, and Australia.

Wikidata

  1. Common law

    Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals, as opposed to Civil Law set on statutes adopted through the legislative/parliamentary process and/or regulations issued by the executive branch on base of the parliamentary statutes. A "common law system" is a legal system that gives great potential precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts.

The Nuttall Encyclopedia

  1. Common Law

    is law established by usage and confirmed by judicial decision.

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Numerology

  1. Chaldean Numerology

    The numerical value of common law in Chaldean Numerology is: 4

  2. Pythagorean Numerology

    The numerical value of common law in Pythagorean Numerology is: 1

Examples of common law in a Sentence

  1. Frank Mulholland:

    The use of torture cannot be condoned, it is against international law and contrary to the common law of Scotland.

  2. Neil Gorsuch:

    The Supreme Court recognized in Cruzan that there's a right in the common law to be free from assault and battery, effectively.

  3. Simon Young:

    The roots of the common law run deep in Hong Kong and will not be easily uprooted, so I think China can only ultimately take a gradual approach, despite the rhetoric, those values are entrenched through the system.

  4. John Coffee:

    This will significantly constrain the NY AG's reach, yes, the AG can sue on a common law fraud theory and have six years, but then it must prove much more, including an intent to defraud.

  5. George Clooney:

    Both the common law and the Syariah law aim to ensure peace and harmony of the country. They are also crucial in protecting the morality and decency of the public as well as respecting the privacy of individuals.


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"common law." Definitions.net. STANDS4 LLC, 2024. Web. 27 Apr. 2024. <https://www.definitions.net/definition/common+law>.

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