Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years. Because it is not written by elected politicians but, rather by judges, it is also referred to as "unwritten" law. Judges seek these principles out when trying a case and apply the precedents to the facts to come up with a judgment. Common law is often contrasted with civil law systems which require all laws to be written in a code or written collection. Common law has been referred to as the "common sense of the community, crystallized and formulated by our ancestors". Equity law developed after common law to offset the rigid interpretations medieval English judges were giving the common law. For hundreds of years, there were separate courts in England and its dependents: one for common law and one for equity, and the decisions of the latter, where they conflicted, prevailed. It is a matter of legal debate whether or not common law and equity are now "fused." It is certainly usual to speak of the "common law" as referring to the entire body of English law, including common law and equity.
Law is made in two ways. The Parliament passes laws which are known as statute law. Common Law is the law which is developed by judges interpreting the law in the light of previous cases.
Law based upon previous decisions of courts.
The law which is based on decisions of courts in previous cases rather than contained in an Act of Parliament.• De Facto Property Settlement• De Facto Relationships
originated in England and was adopted in early Canadian law. It refers to those laws that are based on customs and traditions, as opposed to court-derived decisions or written statutes.
Also case law. Law established by subject matter heard in earlier cases.
A body of law made up of judicial opinions and precedents.
The origin of the Anglo-American legal systems; the system of law originally based on customary and unwritten practices of England and developed by the doctrine of precedent as opposed to explicit legislative enactments. In theory, law that is not created by the courts but rather discovered in the customs, habits, and basic understandings of justice acknowledged by members of a society.
Law based on precedents that have been made by courts throughout the year in Great Britain and the United States. This is, therefore, law that has not been enacted into statutes by lawmaking bodies (which make "statute" law).
Also called case law or caselaw, it's a body of law based on the outcome of court cases. Consequently, alleged violations of common law typically must go through the courts for resolution. Compare to Doctrine, Public Policy and Precedent.
Body of unwritten rules and principles derived from thousands of past legal decisions. It is based on evaluation of what is reasonable behavior in attempting to balance competing social interests. Compare statutory law.
As opposed to statute law. Laws that have been established by custom, usage and courts over many years.
that body or English legal principles and procedures originally developing out of decisions and practices of the central courts at Westminster; judge-made law, to be distinguished from natural law, statute law, or equity
A body of law made up of court decisions, as contrasted to statutory or constitutional law. Also known as Case Law.
The traditional law developed by English courts, much of which was based on custom and legal precedents. Courts in the United States, Canada, and Australia follow many of the principles of the common law ( return).
Refers to legal principles that do not rest for their authority on any express statue, but rather upon statements of principles found in court decisions.
Law that derives its force and authority from precedent, custom and usage rather than from statutes, particularly with reference to the laws of England and the United States.
An ambiguous term. 1) A system of jurisprudence founded on principles of justice whist are determined by reasoning and administration consistent with the usage, customs and institutions of the people and which are suitable to the genius of the people and their social, political, and economic condition. The rules deduced from this system continually change and expand with the progress of society. 2) That system of law which does not rest its authority upon any express statutes, but derives its force and authority from universal consent and immemorial usage, and which is evidenced by the courts of law, technically so called, in contradistinction to those of equity and the ecclesiastical courts. Glossary.
Law that evolves from reported case decisions that are relied upon for their precedential value
The body of court decisions that constitute a working definition of individual rights and responsibilities where no formal statutes define these issues.
As distinguished from law created by legislatures (statutory law), the common law is that law which is founded in ancient customs and practices as Interpreted by the Courts.
Law that has developed and continues to evolve in the courts.
"Those principles, usages and rules of action applicable to the government and security of persons and property which do not rest for their authority upon any express or positive statute or other written declaration, but upon statements of principles found in the decisions of courts." (15 Am.Jur. 2d Common Law ? 1.)
Laws that develop through case decisions by judges. Not enacted by legislative bodies.
The body of laws, originated and developed in england, which was adopted by most states and still prevails if not superseded by statutes. Also referred to as case law.
A body of law developed from judicial decisions or custom rather than legislative enactments.
Judge-made law and precedent, as opposed to statutory law. Common law systems (as in the UK, Ireland, the United States, and Commonwealth Countries) are distinguished from the civil law systems found in Continental Europe and much of the rest of the world. In terms of legal practice, the expression is used in distinction to equity and refers in particular to contract disputes, personal injury claims and the like.
The system of jurisprudence, which originated in England and was later applied in Canada, that is based on judicial precedent rather than legislative enactmentâ€(tm)s; it is to be contrasted with civil law (the descendant of Roman law prevalent in other Western countries and in Quebec) and equity (the body of rules administered by the Court of Chancery). Common law depends for its authority upon the recognition given by the courts to principles, customs and rules of conduct previously existing among the people. It is now recorded in the law reports that embody the decisions of the judges, together with the reasons they assigned for their decisions.
a body of unwritten judicial opinion originally based upon customary social practices of Anglo-Saxon society during the Middle Ages.
a system of unwritten law derived from England that is based on custom as opposed to statutory or codified law, and forms the basis of private law in all parts of Canada except Québec, which follows the Civil Code.
The origin of the Anglo-American legal systems. English common law was largely customary law left unwritten, until discovered, applied, and reported by the courts of law. In theory, a judge did not create law but rather discovered it in the customs and habits of the English people. The strength of the judicial system in pre-parliamentary days is one reason for the continued emphasis in common law systems on case law. In a narrow sense, common law is the phrase still used to distinguish "case law" from "statutes."
which evolves from reported case decisions which are relied upon for their precedential value.
The law of a country based on custom, usage, and the decision of law courts.
shy; Law determined by the courts or custom, as opposed to statutory law or legislative-made law.
(civil law) a law established by following earlier judicial decisions
Common practice that has been handed down through history by English law.
A body of principles and rules of action arising from usage's and customs or from judgments of courts that recognize, affirm and enforce custom. Common law is unwritten in that it has never been enacted into statute law.
Originally the ancient unwritten law of England, so called because it became common to the whole of England and Wales after the Norman Conquest in 1066. In time it came to mean judge-made law as opposed to statute law. Common law rules are judge made rules and may be modified in accordance with the developing case law of the court.
The law as formed by court tradition and custom.
A specific area of Law normally associated with the work of The Bar. Common Law sets tend to undertake a variety of work involving actions against the police, clinical negligence, employment, discrimination, landlord & tenant, personal injury, professional negligence and serious fraud. Common Law continues to be affected by the decline in public funding for these types of cases.
1. the unwritten law in England that evolved over centuries and is the basis for U.S. law. 2. Case law in the United States as opposed to statutory law.
The system of jurisprudence, which originated in England and was later applied in the United States, which is based on judicial precedent rather than legislative enactments. Originally based on the unwritten laws of England, the common law is generally derived from principles rather than rules; it does not consist of absolute, fixed, or inflexible rules, but rather of broad and comprehensive approaches based on justice, reason, and common sense. It is of judicial origin and promulgation. Its principles have determined the social needs of the community and have changed with changes in such needs. These principles are susceptible of adaptation to new conditions, interests, relations, and usages as the progress of society may require.
Law as laid down in decisions of courts rather than by statute.
Law based on court decisions that recognize and enforce the customs of a people; often used merely as a synonym for case law today. See full article titled Origins of the Common Law
A body of legal principles which derives its authority solely from usages and customs of ancient times, or from the judgments and decrees of courts recognizing, affirming, and enforcing such usages and customs; particularly the ancient unwritten law of England. Common law is to be distinguished from "statutory law," which is enacted by a legislative body such as Congress or a state legislature.
Judge-made law built-up over centuries from decisions made in courts of law, as opposed to statute law made by Acts of Parliament.
Law that is not codified-developed from common usage and custom.
Law which is not the result of legislation, but law developed by the decisions of Judges (also see 'Precedent').
Written laws and legal decisions that became the foundation for future cases or legal decisions.
The large body of law developed in England from judicial decisions based on customs and precedent, constituting the basis of the present English, commonwealth and U.S. legal systems. See "equity."
Law resulting from court rulings rather than legislative enactments
The traditional code of law in England, dating from the middle ages and supplemented by legal decisions over the centuries. Not written down in any one place. Often contrasted with statute laws passed by Parliament.
Law which derives solely from previous legal practice or from the previous decisions of courts.
the law stated in the decisions of judges from early times to the present;
Body of law developed over a long period of time which derives its authority solely from usage and custom.
A system of law inherited from England based on legal precedents or tradition instead of statutory law or systematic legal codes.
The common law comprises the legal principles, as articulated by the courts, that derive from ancient custom in England. Common law is sometimes divided into the common law (or simply "the law") and equity.
law deriving from judgesâ€(tm) decisions based on established legal principles.
Laws developed via precedents set in court decisions rather than those passed by legislatures.
The law which applies automatically unless excluded or amended by legislation or in terms of an agreement concluded between the parties to the agreement. The South African common law is the Roman Dutch Law.
Law developed by the courts as apposed to law developed by parliament.
generally restricted to English common law systems, this law was originally administered by common law courts and was based on the commonly accepted customs and precedent, as distinct from statute law and local customary law.
The body of laws and legal principles derived from English legal history that was accepted and, therefore, served as the framework for early American law. Different from any specific law enacted by the government, common law justice derives its authority from the usages and customs of immemorial antiquity.
the body of law developed in England from judicial decisions used as precedent, and not written in statutes. This body of law is the basis for the legal system in England and all the United States except Louisiana.
the law of custom or law developed by Courts as distinct from Statute law which is made by parliaments
the legal system of England and countries that were once English colonies. It is based primarily on court-made rules or precedent.
That body of law that has developed through the precedent of judicial decisions as opposed to statute law.
The common law consists of the ancient customs and usages of the land, which have been recognised by the courts and given the force of law. It is in itself a complex system of law, both civil and criminal, although it is greatly modified and extended by statute law and equity. It is unwritten, and has come down in the recorded judgements of judges who for hundreds of years have interpreted it.
Law deriving its authority from usage and customs or judgments of courts recognizing and enforcing such usages and customs. Generally, law made by judges rather than by legislatures.
The unwritten law based on court decisions and customs, as distinct from statute law.
This refers to the legal rules and principles which have grown out of court case law.
Most groundwater use is based on common law, which holds that the subsurface water belongs to whoever owns the land above it. This means landowners can withdraw as much as they want to use on their land.
A body of unwritten law that began to develop in England over 1,000 years ago. Over time this law was updated and developed into written form. It became the basis of US law in all states except Louisiana which is still influenced by French law. This term is also used to mean law developed by judges and statutes.
a system of English law, developed by statute and precedent, employed in the royal law courts, including the Courts of Common Pleas and the King's Bench.
Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law."
older than our nation, it originated in England and came to America with the colonists. It is law that comes from tradition and judicial decisions, not from some legislative act. Sometimes called case law.
The body of law evolved through the practice of English courts. Law made by judges as distinct from law laid down by statute (q.v.).See THE LEGAL SYSTEM.
Used in some states, an unwritten body of law based on general English custom.
Law that arises and develops from judicial decisions as opposed to constitutions, statutes, ordinances, etc. Also used to describe the historic judicial system the United States inherited from England.
Unwritten laws based upon general custom, not found in statutes.
is law based on past decisions reached by judges in the courts. It is precedent and not formally written in legislation. An accused personâ€(tm)s spouse is not a compellable witness for the prosecution. Payment or reimbursement for goods or services received is compensation.
A branch of law which depended upon the custome of the country and was unwritten.
That body of law which is based on usage, general acceptance, and custom, as manifested in decrees and judgments of the courts; judge-made law, as opposed to codified or statutory law.
(see Law of the Tenement)
The system of law employed in all provinces except for Quebec. It is often referred to as Case Law as it is based on precedent. Precedents are principles established from the decisions reached in previous similar court cases.
Added - 09 Thu March 2006 Common law is the law established by previous cases decided.
Wikipedia Definition: Common Law
The "common law" is law that does not come from legislation, but precedent. It is the accumulated decisions of the courts and perhaps represents the "bulk" of the law. See also Introduction to Australian Law.
law derived chiefly from the judgments and decrees of the courts, as distinguished from the law created by acts of legislatures.
Traditional, unwritten law based on English custom.
Distinguished from law created by the enactment of legislatures, common law comprises the body of those principles and rules of action, relating to the government and security of persons and property which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs.
The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
The case law and statutory law developed in England and the American colonies before the American revolution.
Body of law that has grown based on the decisions of courts long ago. It originated in England and has since passed to the United States. It is always changing to reflect the current needs society.
That part of English law that derives from ancient custom and judicial decisions. It is sometimes called the unwritten law because it is not codified like civil law but it is, of course, written down in many law reports. See also equity and statute law.
Law arising from tradition and judicial decisions, rather than from laws passed by the legislature. Originated in England and has been followed as law in most American jurisdictions. Compare statute and equity.
"1. In contrast to statute law, law which relies for its authority on the decisions of the courts and is recorded in the law reports as decisions of judges along with the reasons for their decisions; and, 2. In contrast to canon (or ecclesiastical) and the civil (or Roman) law, the system of law in provinces other than Quebec." Dukelow The phrase at common law, means in the law as developed by the judges.
Law derived from judicial decisions.
Common law comprises the body of principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts. It is outside the laws created by enactment of statutes.
Law that derives its authority solely from usages and customs of the past, or from the judgments and decrees of courts (the latter known as "case law").
Law made by judges in individual cases, rather than by the legislature.
The system of law that is widely used in England, USA, and in the most of the British Commonwealth countries. As opposed to the civil law system based on statutes and codes, common law court decisions are derived from precedents, i.e. past court decisions. Most Offshore Financial Centers have used common law as the basis for their International Business Company and trust legislation. Common Law Trust - See Trust
Common law is that body of English law and concepts that grew out of the English judicial system. It was this law-based principally on the decisions and opinions of law courts-that became the law in the English colonies. Augmented by legislation, that common law constitutes much of our current system of laws.
A system of jurisprudence based on precedent rather than statutory laws.
The law of a country or state based on custom, usage, and/or the decisions and opinions of a court.
The body of English law originating in common and unwritten customs. It was developed and administered by common law courts.
a law that originated in, and was applied by, the kings court. (p. 341)
A body of laws based on custom, usage and rulings by courts in various jurisdictions.
ancient customs and precedents that have been recognised by the courts and given the force of law. It is in itself a complex system of both civil and criminal precedents, although it is greatly modified and extended by statute law and equity. It is unwritten and has come down over the centuries in the recorded judgments of courts.
COMPANION CASES OR CODEFENDANTS COMPLAINANT
Rules based on usage as demonstrated by decrees and judgments from the courts.
Law made through judgments made in court/precedent.
The body of law based on custom, usage, and court decisions.
case law, or the body of law, principles, and rules of action that has its source in usage and custom as announced by judicial decisions, as opposed to statutory law.
The part of the law formulated, developed, and administrated by the common law courts, based originally on common customs.
Law based on established decisions of the Courts, as distinct from Acts of Parliament (not applicable in the Province of Quebec).
the system of laws originally developed in England, which are based upon court decisions and customs and usage, rather than on a body of written laws or statutes.
As opposed to statute law. Laws or legal principles that have been established by courts over the years. May be codified into a statute or overruled by a statute passed by the government.
Law originating from usage and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making.
Judge-made law. A body of law developed over the years by the U.S. federal and state appeals court.
the body of law that is developed through the decisions of judges over many hundreds of years. Judges make their decisions taking into account the decisions of judges in previous cases. If a judge considers that the new case is not quite like any case that has been decided before, he may make a new decision. Future judges will then consider the new decision. These cases make up the common law.
Broadly speaking, the law derived from decisions of courts concerning legal principles rather than the law set out in statutes or legal codes.
that body of law set out in court decisions that recognize and apply judge-made law that developed originally in England. Common law has developed over the centuries as courts have applied these long-standing general rules and principles to new fact situations. Common law is frequently defined by contrasting it to other types of law. For example, common law is judge-made law, whereas statutory law is the body of law set out in statutes. A country with a common-law tradition may be contrasted with countries that have a civil-law or code-based system of laws. Common-law courts recognize different rights and remedies than those available in equitable courts.
Unwritten law primarily based on custom, but also sometimes referring to a system of law originating in England.
Law evolved through judicial decisions and practice, as distinct from law laid down by statute.
An unwritten body of law based on general custom in England and used to an extent in the United States.
A system of law based on accepted customs and traditions
Law that derives its authority solely from past laws and judgements.
Developed in England, it is a body of law that grew up from local customs and practices. It is based on court decisions, not statues of law.
American, Canadian and British law derives its force and authority from the universal consent and practice of the people over the years. Certain aspects of the law are written into statutes. The underlying principles and usages and rules of action which do not rest for their authority on this statutory or legislative law are to be found in principles set forth by decisions of the Courts over the years. Many rules were promulgated in feudal times. During the reign of Henry II (beginning 1154 AD) the King's Courts became organized and common law began to evolve. The Courts met frequently and when one Court made a decision in connection with a certain issue, that decision was followed by the other courts and became the law unless modified by statue or by gradual evolution.
An unwritten body of law based on general custom and usage, which is recognized and enforced by the courts.
The body of law based on general custom in England and used to a certain extent in the United States. Common law sometimes prevails unless superseded by other law.
The body of law/decisions developed by the Courts. Common law is based on the ‘doctrine of precedentâ€(tm), which means decisions made by Judges become rules that are applied in similar cases. Also known as case law.
Early English law, developed by judges, that incorporated Anglo-Saxon tribal custom, feudal rules and practices, and the everyday rules of behaviour of local villages. Common law became the standardized law of the land in England and eventually formed the basis of the criminal law in Canada and the United States.
That part of the law formulated, developed and administered by the common law courts, based originally on common customs and mostly unwritten.
The unwritten law developed primarily from judicial case decisions based on custom and precedent. It developed in England and constitutes the basis for the legal systems of most of the states in the United States.
The part of a country's legislation built up from customs and usages which have been recognized by its courts and thereby given the force of law.
An unwritten body of law based on general custom in England enforced in some states.
The common law forms a major part of the law of those countries of the world with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.
Common Law was a 1996 ABC television network Sitcom.