common law


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Related to common law: civil law, Common law marriage

com·mon law

(kom'ŏn law)
A system of law based on custom, tradition, and court decisions rather than on written legislation.

common law

A system of law that originated in medieval England and is based on former legal decisions (precedent) and custom, not on legislation. Common law constantly evolves from previous decisions and changing custom. It forms the basis of the legal system in the U.S. (except Louisiana), the U.K. and most other English-speaking countries and is therefore the most frequent source of legal precedent for malpractice cases.
See also: law

common

a shared structure, function, disease. See also under specific name of the item, e.g. atrioventricular canal.

common chemical sense
mediated by the trigeminal nerve from chemical sense organs in the conjunctival sac and in the nasal and buccal cavities.
common fee
the fee for professional services agreed to formally or informally by a local group of the veterinary profession, usually determined by an interpractice survey of fees actually charged.
common law
the law of common usage, the practice or code which is usually followed. Based on decisions of the courts in individual cases. It is not written down as statutory law is.
common pathway
see coagulation pathways.
common salt
see sodium chloride.
common source
a point from which a number of animals are infected or affected. The point from which a common source or point epidemic begins.
common stonecrop
common sucker
References in periodicals archive ?
The Supreme Court implicitly recognized the legitimacy of the common law of war in the Prize Cases, when the Court asserted that the international rules regarding capture of vessels applied because Lincoln had blockaded the southern ports, an action that indicated that the administration viewed the Confederacy as a belligerent in an armed conflict.
Ultimately, the common law of war is a creature of natural law and must be understood in that context.
He writes that the "obligation to observe the common law of war towards each other is therefore absolute" and is "indispensably binding" on all parties.
That decision drew together a number of threads identified by Professor Finn regarding this transformation into a common law for Australia.
With the establishment of the Commonwealth of Australia, as with that of the United States of America, it became necessary to accommodate basic common law concepts and techniques to a federal system of government embodied in a written and rigid constitution.
o]f necessity, the common law must conform with the Constitution.
Old-fashioned classical common law theory, however, was never banished in the early American Republic.
Classical common law theory influenced early American lawyers in many ways.
Likewise, James Otis stated that "[l]ife, liberty, and estate, being personal rights, are (by the gentleman admitted to be) secured to us by the common law.
It is for this reason that most common law concepts are
The common law of contracts has long been thought to
4) De Alessi and Staaf (1989, 1991) argue that the virtue of the common law is not that it promotes efficiency, but rather that it provides parties with a stable institutional framework of default rules that permits parties to know and, if desired, to voluntarily contract around those rules to effectuate their subjective preferences.