common law

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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 law,

n a judge-made law, as contrasted with statutory law. This body of law originated in England and was in force at the time of the American Revolution; modified since that time on a case-by-case basis in the courts.


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 ?
Moreover, I am convinced that the methodology embodied in the common law tradition sufficiently satisfies the requirements of the rule of law.
But law reviews take on a sinister aspect when the use of law review writing signifies a judiciary that has forsaken the common law tradition in favour of an openly instrumentalist form of judicial decision-making.
25) The starting point for a court--including a constitutional court--operating in the common law tradition is where the law has been.
The common law tradition clearly accords the "decision whether or not to prosecute" to prosecutorial as opposed to judicial control.
12) As will emerge, this is so notwithstanding what is suggested by several data on the current development of the Common law tradition.
The role of the judge in the common law tradition or the lawyer in the Ancient Roman legal tradition is the articulation and implementation of those habits and customs which contesting parties already acknowledge as established practices.
The notion of the "great judge" is uniquely bound up in the nature, content, and form of the common law tradition.
the Netherlands) decided, served as the perfect opportunity to explore these issues, particularly in a comparative manner looking at the common law tradition of Barak's training and the civil law tradition associated with Montesquieu, so they organized a closed research seminar on the theme of judicial lawmaking and Barak's 2006 book The Judge in a Democracy.
3) To my mind, the most serious omission in the list are texts that illustrate the common law tradition of judicial independence stemming not from Charles I or the Glorious Revolution, but from Magna Carta and subsequent acts meant to bolster it.
For those who live with the idioms of the common law tradition there are a number of established forms of engagement of the conduct of lawful relations between peoples and laws--such as through treaty making or through dispossession.
The law of the United Kingdom and of the state of New York, both coming from the common law tradition, are said to dominate the world of business as they are chosen to govern the majority of international contracts, while continental legal systems are said to be declining, dominated or inferior.
The suitability of judges educated in the common law tradition hearing cases involving civil law issues has been the subject of some debate in Quebec and has even led to some opinion favouring a distinct Supreme Court for Quebec or a separate civil law division within the existing Supreme Court.