Law developed by judges through decisions of courts and similar tribunals (also called case law), as distinguished from legislative statutes or regulations promulgated by the executive branch
typically in the phrase "common law jurisdiction" -- a jurisdiction that uses a common law system (in sense 2), United Kingdom and most of its former colonies and possessions, including the United States
typically in the phrase "common law system" -- a legal system that gives great precedential weight to common law (in sense 1), as opposed to a civil law, Islamic law, and Soviet law systems
1 originally, the common law of England, ie the general rules made applicable to the whole country, as distinct from local customs 2 subsequently, the body of legal principles, offences, remedies, etc, which evolved through the practice of English courts Hence, in comparative law, a common law system is one derived from the English legal system, as opposed to a civil law system 3 the unwritten law based on court decisions and custom, as distinct from statute law 4 law excluding and contrasted with equity
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
Common law is the system of law which is based on judges' decisions and on custom rather than on written laws. Canadian libel law is based on English common law
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on general custom in England and used to a certain extent in the United States Common law sometimes prevails unless superseded by other law
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 legal system prevailing in the English-speaking countries - that is, the United States of American and the British Commonwealth of Nations It originated in England and its form of development was different from that of Roman (civil) law Compare Civil Law
A common law relationship is regarded as a marriage because it has lasted a long time, although no official marriage contract has been signed. his common law wife. The system of laws originated and developed in England and based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws. the system of laws that has developed from customs and the decisions of judges rather than from laws made by Parliament statute (Hukuk) Body of law based on custom and general principles and that, embodied in case law, serves as precedent or is applied to situations not covered by statute. Under the common-law system, when a court decides and reports its decision concerning a particular case, the case becomes part of the body of law and can be used in later cases involving similar matters. This use of precedents is known as stare decisis. Common law has been administered in the courts of England since the Middle Ages; it is also found in the U.S. and in most of the British Commonwealth. It is distinguished from civil law
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
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 "
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 "
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 (LE)
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
Derived from British legal traditions, common law relies on judicial precedents set by prior court decisions to determine the development of legal principles, rather than on legal enactments Common law derives its authority from rules of the court, custom, judicial reasoning, prior court decisions, and principles of equity Canada and the United States (with exceptions noted in the above definition), England, New Zealand, and Australia are common-law countries
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
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
{i} marriage that is not formed through a religious or civil ceremony but is acknowledged and based on the agreement of the couple to consider themselves married and based also on their living together as husband and wife
A marriage existing by mutual agreement between a man and a woman, or by the fact of their cohabitation, without a civil or religious ceremony. Marriage that is without a civil or religious ceremony and is based on the parties' agreement to consider themselves married and usually also on their cohabitation for a period of time. Most jurisdictions no longer allow this type of marriage to be formed, though they may recognize such marriages formed before a certain date or formed in a jurisdiction that permits such marriages