common law

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Related to common law: civil law, Common law marriage
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  • noun

Synonyms for common law

(civil law) a law established by following earlier judicial decisions

a system of jurisprudence based on judicial precedents rather than statutory laws

References in periodicals archive ?
Anderson's paper proves that countries that use the common law system have significantly higher female HIV rates compared to countries that adopted the civil law traditions.
12) And the term lends no support for the government's position that military commissions can prosecute conspiracy as a violation of the common law of war.
The story begins, in Part I, with the government's invocation of the common law of war in the Al Bahlul habeas litigation, and then proceeds, in Part II, to examine the references to the common law of war in the Quirin German saboteurs case during World War II.
That relationship is of the first importance in those jurisdictions (like Australia, Canada, New Zealand, United Kingdom and the United States) where the tradition, framework and 'attitude of mind' of the common law is deeply rooted in a system where the predominant legal characteristic, overwhelmingly and increasingly so, is the ubiquity of statutes.
The article was an early, though certainly not the first, attempt to explain the relationship between common law and statute in an Australian context and how it might be deepened and better integrated.
From then on, common law lawyers have thought that the common law is reason accumulated since time immemorial.
It is easy to suppose that common law constitutionalism can only exist based on the long-established common law tradition in Anglo-American countries.
Each ALE member must file an information return with the IRS and furnish a statement to its full-time common law employees, using its own employer identification number (EIN).
In contrast to this PPACA reporting rule, for employment tax purposes, while the common law employer usually remains liable for any payroll reporting failure, the employer is not required to report payroll under its name and EIN.
Sobecki begins by tracing the history of the educational and collegiate elements of the common law Inns.
After contextualising the vernacular oral tradition of the common law and its linguistic character, Sobecki moves on to his central thesis.
the movement viewed the core concepts of the common law as devoid of any
exist in the common law to further its economic goals, or are otherwise
Indeed, Leoni uses the Roman law made by the jurisconsults and English common law essentially interchangeably as an analytical matter, so that the structure he uses in describing Roman law developed by the jurisconsult is essentially the same one that Hayek later identifies as distinctive in the common-law process under the English common law.
For Leoni, the significance of Roman law (and later English common law), and its unique compatibility with individual liberty, stems from distinctive characteristics of the common law that are lacking in the legislative process.