Common Law - Law Dictionary Search Results
Home Dictionary Name: common lawCommon Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
common-law
common-law 1 : of, relating to, or based on the common law [common-law immunity] 2 : relating to or based on a common-law marriage [her common-law husband] ...
common-law
common-law 1 : of, relating to, or based on the common law [common-law immunity] 2 : relating to or based on a common-law marriage [her common-law husband] ...
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
federal common law
federal common law : case law developed in the federal courts see also Erie Railroad Co. v. Tompkins in the Important Cases section NOTE: Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international relations, and in cases regarding the proprietary interests of the U.S. Federal common law is used when federal statutory law does not completely address an issue or problem. ...
Common law practitioner
Common law practitioner, practitioners in other common law jurisdictions who have for a period of not less than three years regularly exercised rights of audience in superior courts which administer law which is substantially equivalent to the common law of England and Wales, Consolidated Regulations of the Four Inns of Court (1988) reg. 34 (UK) Halsbury's Laws of England, Vol. 3(1), para 380, p. 296....
common-law copyright
common-law copyright : a copyright in common law protecting unpublished works NOTE: Works created after January 1, 1978, are protected by statutory rather than common-law copyright while unpublished. ...
Common law constitutionalism
Common law constitutionalism, the protection of fundamental constitutional right through the common law is the main feature of common law constitutionalism, I.R. COELHO v. State of Tamil Nadu, (2007) 2 SCC 1....
Common law nuisances
Common law nuisances, is one which, apart from statute, violates the principles which the common law lays down for the protection of the public and of individuals in the exercise and enjoyment of their rights, Halsbury's Laws of England, Vol. 34, para 4, p. 4....
Tolls at common law
Tolls at common law, is stated that the common law recognizes two classes of tolls payable under a grant or presumed grant from the Crown in respect of the passage of a highway or bridge, namely, tolls-traverse and tolls-thorough, Halsbury's Laws of England, 4th Edn., p. 97, para. 138....
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