common-law
Học thuậtThân thiện
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
- based on common law
- a common-law right