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
References in periodicals archive ?
Before the introduction of the Inland Spousal OWP pilot program, spouses and common-law partners with pending SCLPC applications had to wait for "first stage approval" before becoming eligible to apply for an open work permit.
Second, Tullock never liked the so-called adversarial character of common-law trials, (10) in which the parties at the bar of justice hire lawyers to plead their cases, conferring considerable advantage on the (usually well-heeled) party able to retain counsel more effective at swaying jurors, a process that results in both excessive litigation costs and high error rates in jury verdicts.
The circuit court held, consistent with other states, that parties must show more than a short visit to a state that recognizes common-law marriages as sufficient proof that they cohabitated for common-law marriage purposes.
Her use of Francis' surname surely shows that Ciri saw herself as Francis' common-law wife.
In its early years, after the adoption of the Judiciary Act of 1789, the Court, following the practice of English common-law courts--specifically the King's Bench--typically rendered decisions in the form of per curiam and seriatim opinions.
Conrad, James Wilson's "Assimilation of the Common-Law Mind," 84 Nw.
The Court seems to hinge its decision on the "choice to marry," and a common-law couple's decision not to make that choice.
Law, for Leoni, as made by the jurisconsults and the common-law judges, is a spontaneous-order process focused on how the law emerges from the resolution of discrete disputes between private individuals and an ongoing conversation among different judges to determine what the law should be.
(FN2:) Summary judgment, dismissing so much of plaintiff's complaint as alleged violations of Labor Law [section][section] 200 and 241 (6) and common-law negligence, was granted in the property owners' favor.
Judges make the common law and apply it, giving them a large measure of control over the resolution of common-law disputes.
(8) In addition, partner killings (or "mariticides") occurred more frequently in common-law unions than in legal marriages or in any other domestic or romantic arrangement.

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