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common law definition - legal

n

  1. A legal system derived from the broad and comprehensive principles encompassed within the unwritten laws of England and applied in most English-speaking countries, including the United States (except the state of Louisiana). The principles are created and modified by judicial decisions; passed on through custom, traditional usage, and precedent; are adaptable when applied to new facts and circumstances; and are changeable when required. Although much of what was once part of the common law, such as commercial law and criminal law, has been codified, other areas of the law, such as contract law, property law, and tort law, are still primarily governed by the principles of the common law. See also case law, casus omissus, civil law, and natural law.
  2. The legal procedures and decisions of courts of law as distinguished from courts of equity. Also called law.
federal common law
The case law derived from federal court decisions interpreting federal statutes or addressing other matters of federal concern.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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