common law


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Related to common law: civil law, Common law marriage

common law

Law that is not written or defined in legislative statutes but rather is based on the precedential decisions of judges in courts or other tribunals. It is common law that those who enter into a written agreement must adhere to the terms contained therein.
See also: common, law
References in periodicals archive ?
9) Oliver Wendell Holmes, The Common Law (Cambridge, Mass: Harvard University Press, 2009) at 3.
23) For more on the history of common law and its judges, see generally AWB Simpson, An Invitation to Law (Oxford: Basil Blackwell, 1988); DJ Ibbetson, A Historical Introduction to the Law of Obligations (Oxford: Oxford University Press, 1999); H Patrick Glenn, Legal Traditions of the World: Sustainable Diversity in Law, 4th ed (New York: Oxford University Press, 2010) at 238-47.
Another broad exception to the general rule that the common law employer must withhold, remit, and report employment taxes with respect to wages paid to an employee applies when an employer appoints another entity to be its agent.
However, if the agent fails to meet its obligations, the common law employer remains liable for the taxes and penalties.
The common law recognized a limited number of crimes.
58) What would have been at most a nuisance at common law now may be a crime that can be prosecuted under a variety of federal criminal environmental laws.
In articulating the common law exception, the Ormond Beach Assocs.
21) The Romar Int'l court did not discuss, in dicta or otherwise, the common law exception to a plaintiff's right to voluntarily dismiss an action.
In what follows, I will develop the argument, outlined above, that the common law is "democratically legitimate.
This is not an approach likely to produce much needed modern successors to the great Common Law Judges of the past.
Kaye, Joining Places: Slave Neighborhoods in the Old South (Chapel Hill, 2007), 52; Stevenson, Life in Black & White, 233; Franke, "Becoming a Citizen," 256, 262-63; Goran Lind, Common Law Marriage: A Legal Institution for Cohabitation (New York, 2008), 162.
We are dedicated to helping our clients protect their brands from the threat of unregistered trademarks by bringing common law search into the 21st Century with real-time information from eCommerce and Internet sources.
The difference between the short-term certainty of legislation and the long-term certainty of common law is crucial to Leoni's belief that in the long run, a system centered on legislation is fundamentally incompatible with a free society.
Denis Boivin (1) contribue a nouveau' a l'epanouissement de la common law en francais en publiant un ouvrage de doctrine (3) sur la reparation en justice.