Definition

Adjective: 1. Based on or related to common law: Refers to rights, relationships, or statuses that are recognized or established by judicial precedent and custom, rather than by specific statutes or written laws. 2. Denoting a marriage recognized by custom and cohabitation rather than a formal ceremony: Describes a marital relationship established by living together and presenting as married, without a civil or religious ceremony.

Usage

• The adjective common-law is used to modify nouns, typically describing rights, spouses, or principles.
• It is often hyphenated when used as a compound adjective before a noun (e.g., a common-law spouse). It may sometimes be written as two words, especially in legal contexts.

Examples

• Adjective:
  • She has a common-law right to the property after decades of occupancy.
  • They were considered common-law partners after living together for five years.
  • The common-law system relies heavily on judicial decisions.

Advanced Usage

• "Common-law marriage": A legally recognized marriage created by the agreement and cohabitation of the parties, without a license or ceremony, in jurisdictions where it is permitted.
  • Their common-law marriage was recognized when they moved to a new state.
• "Common-law jurisdiction": A region or country whose legal system is based on English common law.
  • Canada is a common-law jurisdiction.

Variants and Related Words

• Common law (noun phrase): The body of law derived from judicial decisions (precedents), as distinct from statutes.
  • The principle was established under common law.
• Common-law wife/husband/spouse/partner (noun phrase): A person considered to be a spouse by virtue of a common-law marriage.
  • He introduced her as his common-law wife.

Synonyms

• Customary: According to custom or tradition.
• Unwritten: Not enacted in legislation; based on tradition or precedent.
• De facto: Existing in fact, whether by right or not (often used similarly for relationships).

Antonyms

• Statutory: Created or defined by written law (statutes).
• Ceremonial: Involving a formal rite or ceremony (e.g., a ceremonial marriage).
• Civil: Relating to statute law, as in a civil marriage performed under legal license.

Related Phrases

• At common law: According to the principles of common law.
  • This offense was a felony at common law.

Adjective

1. based on common law
   • a common-law right