What are some examples of common law?
Common law is the law made by judges rather than by statute. Tort law is almost exclusively common law in the United States. Some torts include battery, false imprisonmnet, trespass to land, negligence, defamation, and misrepresentation.
What are some examples of common law?
Common Law does not exsist and is not a recognized form of law in the US. The only forms of laws we have are Federal Regulatory Law, Statutory Law, and City Ordinance. Refer to your other question for my answer on how those differ. Some states use Common Law as a term to define a legal principle, usually involving marriage (Common Law Marriage). The term Common Law is an old british term used to describe laws that should be common knowledge, hence the term. The US uses the Regulatory system of law. Places under British influence or control would recognize Common Law. The New England area of the US still uses the verbage Common Law, however the term carries no legal weight.
What are some examples of common law?
Common law by definition has no title or statute. Most common laws such as murder and larceny have been codified (put into code or statute) in most states which means they are both common law and statutory law. One example of common law is simple assault in Virginia. The state code does not define it or specifically say it is illegal. It only prescribes the punisment. "Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor." Other examples of common law are self-defense and stand your ground laws which are not found anywhere in the code books of many states. To find out what the self-defense or stand your ground law is in those states, you would have to study court precedents.
Examples of Common Laws (Laws based on Precedents)?
Common laws are laws made by a judge on a case and are very fact based to specific circumstances. Courts are supposed to follow the earlier case rulings unless they are overturned by a higher court. They are referred to as case precedents or stare decisis. They come from years of cases going through the court systems all the way back to the British cases of England. New ones are made everyday in courts because new sets of facts are constantly presenting themselves. Especially now, with technology, internet laws, same-sexed marriage, medical issues, etc. The first common law that comes to mind is the English landmark contract case known as Hadley v. Baxendale which said that consequential damages arising from a breach of contract, cannot be recovered if those damages were not foreseeable. It was a case about a mill who contracted with a courier to deliver a crank to a machinist to repair. The courier was late and the mill got their crank back late resulting in extra days that the mill had to be closed. The mill lost more money because of it and tried to get extra damages for that. The courier had no way of knowing the mill didn't have a replacement crank and would have to close, so the damages were not forseeable to the courier, and the mill couldn't recover those extra damages. Even though that case took place in England hundreds of years ago, the rule of law from that case is still used today in similar contract disputes here in America.
What are examples of customary law?
Customary law is unofficial law in short. It is the long-established customs (standards of community) of a particular place or locale that the general law regards as a lawful practice.For example, the so-called “Law of Nations” is a customary law. It comes from the customary exchanges between nations over time, and those customary exchanges may be based on historical relations, diplomacy or conflict. So customary international law is different from "international treaty law" (which are actual agreements or treaties between nations about obligations).Another example:— English common law recognises “long usage.” The broad principle in English property law is if something has been done for a long time without objection, the law will eventually recognise this fact (‘established in law,’ so to speak). So a person occupying land without title may continue to do so as a legal right if there had not been any objection to him occupying that land.Another example:— Indian law recognises many Indian social customs are legally valid, such as various forms of the Hindu marriage ceremony.Another example:— In Hong Kong, the law recognises any Chinese customary wedding (which essentially involves only a banquet in a public place and no ‘marriage’ ceremony) held before 1971 as a legally valid marriage.
How did the english common Law begin, and how has it developed?
Originally law in England was 'customary' and varied from place to place. In 1154 Henry II succeeded to the throne and began a uniied system of law 'common' to the whole country, abolishing customary laws and practises. He reinvented the jury system and sent his judges out across the country on 'assizes' to hear cases. They then returned to London and discussed things with their fellow judges. In time these decisions began to be written down and eventually the system of 'precedent' became established. The judges found that they were often required to hear different cases with the same background of fact and felt that they had to follow the decision that had been arrived at in previous cases. This became known as the common law, and was in force long before Parliament obtained the power to pass 'statutory' law. The common law is not written down in any codified manner, but has to be interpreted by reading what judges have said in similar cases in the past. Torts, or negligence, are a main part of the common law. So it became held that negligence happened when someone owed a 'duty of care' to another and had broken that duty, enabling a claim for damages to be made. However, there had to be cases to decide when a duty of care was owed. So in the 19th century a judge decided the case of Donague v Stevenson where Mrs D was upset at finding a decomposing body of a slug in a bottle of ginger beer produced by S. Could S be made liable for her injuries? Yes, said the judge because it was 'reasonably foreseeable' that having bottled a slug in a soft drink, that drink was going to be sold and consumed. So the common law moved on. And that is how it has developed - by judges looking at what has happened in past cases, applying the decision - the 'ratio decidenda' - of the past to the case before him/her. The common law constantly develops - lawyers seek to make subtle distinctions between one set of facts and another, social conditions change and the judges try to adapt to meet those changes.
Please define "common law" in simple words?
From old English common law. It is a law that is not written into the statutes, but is commonly recognized as law. Common law marriages are one example. In some states when a couple cohabitates for a certain number of years, they are considered married by common law, even though they have not had a civil ceremony or religious ceremony. Common law is based largely from previous cases, or precedents.
How did common law develop?
Common law emerges from generations of court cases. Judges and juries apply known principles of law and equitable principles to arrive at decisions in litigated cases, and over the years the body of common law grows thanks to the principle of stare decisis (which means that courts are guided by precedent in similar cases previously decided).
What is the difference between "common law" and "equitable law"? What is a simple explanation as well?
“Common law” refers to law that is simply made-up by the Appeal's Courts (Judge made law). The formal definition is that common law is derived from custom and previous judicial decisions, rather than being based on the statutes (laws) passed by the legislature.Sometimes "equity" is confused with "common law", since it is also invented by judges, and is based on custom and previous equity decisions. Most law professors that I had simply defined "common law" as any decision where you are asking the court to give you money, and a decision in "equity" is where you are asking the court for anything except money (an injunction, a restraining order, etc.).An example from Wikipedia:“…In modern practice, perhaps the most important distinction between law and equity is the set of remedies each offers. The most common civil remedy a court of law can award is monetary damages. Equity, however, enters injunctions or decrees directing someone either to act or to forbear from acting. Often, this form of relief is in practical terms more valuable to a litigant; for example, a plaintiff whose neighbor will not return his only milk cow, which had wandered onto the neighbor's property, may want that particular cow back, not just its monetary value. However, in general, a litigant cannot obtain equitable relief unless there is "no adequate remedy at law"; that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for the injury in question. Law courts can also enter certain types of immediately enforceable orders, called "writs" (such as a writ of habeas corpus), but they are less flexible and less easily obtained than an injunction
What is common law in Australia?
Australia is unusual among common law countries in not having a statutory or Constitutional Charter or Bill of Rights.However, common law courts have the power to provide significant protection of human rights principles including the rule of law, except where specifically overriden by legislation.Common law[1] is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes.An example of common law is a rule that a judge made that says that people have a duty to read contracts.Footnotes[1] About Us - Thompson Limited All In All creative payroll Service provider