common law

/'kɔmənlɔ:/

Thân thiện

A judge reviews a common law precedent in a courtroom.

Definition

1. Noun:
   • A legal system based on judicial precedents and custom rather than codified statutes: "Common law" refers to a body of law developed through the decisions of courts and similar tribunals, emphasizing the principle of precedent (stare decisis).
   • Law established by following earlier judicial decisions: In this sense, it contrasts with statutory law (laws passed by legislatures) and regulatory law.

Usage Examples

• Noun:
  • The United States and England have a common law legal system. (This describes the foundational legal framework of those countries.)
  • The judge's ruling became an important part of common law. (This shows how a court decision contributes to the body of law.)
  • In common law, precedent is a powerful guiding principle. (This explains a key characteristic of the system.)

Advanced Usage

• "Common law" as an adjective: When used attributively before a noun, it describes something related to or derived from this legal system.
  • They entered into a common law marriage. (This refers to a marriage recognized by law based on the couple's conduct and cohabitation, not a formal ceremony.)
  • He is a common law lawyer. (This specifies a lawyer who practices within the common law tradition.)

Variants and Related Words

• Common-law (adj): Pertaining to common law. Often hyphenated when used as a compound adjective.
  • She is his common-law spouse.
• Civil law (n): A major legal system often contrasted with common law, based on comprehensive, codified statutes.
• Case law (n): The law as established by the outcome of former cases; a synonym for the body of judicial precedent in common law systems.
• Stare decisis (n): The legal principle of determining points in litigation according to precedent, a cornerstone of common law.

Synonyms

• Case law: Law based on judicial decisions.
• Judge-made law: Law developed through court rulings.
• Precedent-based law: Law derived from previous judicial opinions.

Notes on Different Meanings

• The primary meaning relates to the legal system (e.g., common law vs. civil law jurisdictions).
• A secondary, specific usage relates to certain legal statuses recognized under this system, most notably "common law marriage," which is not universally available.

Học thuật

Noun

1. 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
2. (civil law) a law established by following earlier judicial decisions

Từ đồng nghĩa

• case law
• precedent