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common-law

common-law

2 4.9
Based on rules judges make rather than written laws
  • adjective
  • /ˈkɒmən lɔː/
  • Specialized
translation icon : común
  • In a common-law jurisdiction, legal decisions are based on previous rulings made by judges.
  • common-law judge
  • common-law doctrine
  • common-law principles

Examples

  • In dealing with a First Amendment claim, common-law defenses should be the last thing they look at.

    Academic text (1996)
  • Over time, the decisions of common-law judges will tend to converge to a common set of principles.

    Academic text (2016)
  • We are the only country in the common-law world that uses the American rule.

    Academic text (2011)
  • Plus, what if my common-law husband left me?

    Academic text (2009)
  • Of course, a few common-law unions did lead eventually to marriage, but most did not.

    Academic text (2002)
  • In analogous circumstances, federal courts would also lack the authority of common-law courts.

    Academic text (2016)
  • All of this has led to the conclusion that we cannot return to a simple nineteenth-century common-law arrangement.

    Academic text (1997)
  • There are fundamental differences between what the FTC is doing and the judicial common-law approach.

    Academic text (2016)
  • "It's a flexible, common-law doctrine that the courts use to interpret statutes."

    Academic text (2003)
  • In states without statutes, courts apply constitutional or common-law balancing tests.

    Academic text (2000)

Surface Forms

common-law positive

Morphology

common-law = common + law (semi-transparent) = common + law

The parts 'common' and 'law' are clear, but 'common law' denotes a specific legal system (judge-made law), a specialized meaning not fully deducible by all learners.

Etymology

Common-law comes from the idea of laws that are common ('shared by everyone') and law ('rule'). These were rules used across a whole country instead of different local rules, and they often came from judges' decisions, so today common-law means legal rules based on shared practice and court decisions.