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Topic: Common law


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In the News (Mon 22 Sep 14)

  
  Common law - Wikipedia, the free encyclopedia
The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts.
Scots common law differs in that the use of precedents is subject to the courts seeking to discover the principle which justifies a law rather than to search for an example as a precedent and that the principles of natural justice and fairness have always formed a source of Scots Law.
Statutes which reflect English common law are understood always to be interpreted in light of the common law tradition, and so may leave a number of things unsaid because they are already understood from the point of view of pre-existing case law and custom.
en.wikipedia.org /wiki/Common_law   (2279 words)

  
 Common-law marriage - Wikipedia, the free encyclopedia
Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married.
Otherwise, the requirements are the same for common law marriage as they are for statutory marriage, i.e., the parties must mutually consent to be married, be of legal age or have their parents' permission, and so on.
The criteria for a common law marriage is: (1) when two parties have a present intent (usually, but not necessarily, evidenced by a public and unequivocal declaration) to enter into a marriage contract; and (2) "a mutual agreement between the parties to assume toward each other the relation of husband and wife." See Tarnowski v.
en.wikipedia.org /wiki/Common-law_marriage   (3278 words)

  
 Common Law   (Site not responding. Last check: 2007-10-22)
Common law is unwritten law, which people all over the world generally understand and accept as the way to interact with others with respect to natural rights.
Common law is regarded as the Law of the Land in the uSA.
Common law cannot be repealed, abridged, amended, or ignored (even though portions of statutory law claim to have replaced the common law).
www.americansovereign.com /common.htm   (867 words)

  
 An Essay on The Common Law.
Common law comes about at the root levels of society: it is not law that is imposed by some authority from on high.
The common law is a great scientific lab, the resources and results of which are brought to bear on the populations which are fortunate enough to possess an English common law tradition, such as exists, for example, in: Canada, the United States and Australia.
That men should enjoy the fruits of their labour, that the law of property should be known, that the law of marriage should be known, that the whole course of life should be kept in a calculable track, is the summum bonum of early ages, the first desire of semi-civilized mankind.
www.blupete.com /Literature/Essays/BluePete/LawCom.htm   (1906 words)

  
 CATHOLIC ENCYCLOPEDIA: Common Law
Its ecclesiastical courts were recognized by the common law — the jus publicum of the kingdom —; and clear recognition was accorded to the right of appeal to the sovereign pontiff; thus practically making the pontiff the supreme judge for England as he was for the remainder of Christendom in all ecclesiastical causes.
When the thirteen American colonies achieved their independence, the English common law, as it existed with its legal and equitable features in the year 1607, was universally held by the courts to be the common law of each of the thirteen states which constituted the new confederated republic known as the United States of America.
The common law of England is not the basis of the jurisprudence of Scotland; that country having adhered to the civil law as it existed at the time of the union with England except so far as it has been modified by subsequent legislation.
www.newadvent.org /cathen/09068a.htm   (2229 words)

  
 Common Law.
Common Law is a system of law in place in England and its colonies.
Common Law—law common to all England—was based on the principle that the rulings made by the King's courts were made according to the common custom of the realm, as opposed to decisions made in local and manorial courts which judged by provincial laws and customs.
The royal judges of Henry II, and of succeeding reigns, evolved the Common Law from the procedure of the King's central courts—the Court of King's Bench, the Exchequer, and the Court of Common Pleas.
www.luminarium.org /encyclopedia/commonlaw.htm   (159 words)

  
 common law. The Columbia Encyclopedia, Sixth Edition. 2001-05
The term “common law” is also used to mean the traditional, precedent-based element in the law of any common-law jurisdiction, as opposed to its statutory law or legislation (see statute), and also to signify that part of the legal system that did not develop out of equity, maritime law, or other special branches of practice.
U.S. state statutes usually provide that the common law, equity, and statutes in effect in England in 1603, the first year of the reign of James I, shall be deemed part of the law of the jurisdiction.
Early common law was somewhat inflexible; it would not adjudicate a case that did not fall precisely under the purview of a particular writ and had an unwieldy set of procedural rules.
www.bartleby.com /65/co/commonla.html   (762 words)

  
 "Common Law" Defined
Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction.
These areas of the law are mostly within the jurisdiction of the states and thus state courts are the primary source of common law.
The area of federal common law is primarily limited to federal issues that have not been addressed by a statute.
www.lectlaw.com /def/c070.htm   (356 words)

  
 Common Law
William, however, in seeking to add uniformity to the law lent impetus to the development of common law by ordering that judicial decisions be recorded and disseminated.
Bentham told Madison that the case-by-case approach of the common law, based solely on precedent was too "fragmented, flexible, and uncertain" to support the continued economic and social development of the country.
Common law states are jurisdictions in which the principles and precedent of common law continue to hold sway, although they have been greatly augmented with many statutory provisions.
cjtoday.com /html/common_law.htm   (764 words)

  
 "Patriot" Common Law
Common law practitioners are networked through fax lines, computer e-mail, and numerous meetings held throughout the year.
Common law courts only recognize the first ten amendments to the Constitution, which they believe to be God-given, not man made.
Common law adherents do not recognize federal law because they believe the current government is illegal and that the Constitution was suspended with the passage of the War and Emergency Powers Act of 1933, a measure enacted to give President Roosevelt authority to deal with the crisis of the Great Depression.
www.westom.com /coolsite/pat_claw.htm   (1401 words)

  
 Common Law Marriage
Common law marriage is permitted in a minority of states.
To be defined as a common law marriage within the states listed below, the two parties must: agree that they are married, live together, and hold themselves out as husband and wife.
Because the doctrine of common law marriage developed prior to the advent of modern domestic relations statutes, in some states the law exists in case law rather than legislation.
www.ncsl.org /programs/cyf/commonlaw.htm   (787 words)

  
 Demystifying Common-Law Marriage
Most people are fuzzy on exactly what common law marriage is. Like so many others, we used to believe that if two people lived together for seven years (or some other magical number of years), clicked their heels three times, and sprinkled some fairy dust, they'd become common law spouses.
The idea of common law marriage emerged in medieval England, because clerics and justices who officiated at marriages were not always able to travel to rural locations where some couples lived.
All marriages, common law or otherwise, are recognized by all states, regardless of where they were created (the debate about legalizing same-sex marriage gets tricky here, since technically, a lesbian marriage created in whatever state legalizes it first should be recognized by all other states).
www.unmarried.org /common-law-marriage.html   (696 words)

  
 CATHOLIC ENCYCLOPEDIA: Canon Law
Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority, for the government of the Christian organization and its members.
The common law, therefore, is that which is to be observed with regard to a certain matter, unless the legislator has foreseen or granted exceptions; for instance, the laws regulating benefices contain special provisions for benefices subject to the right of patronage.
The law of these three periods is referred to respectively as the ancient, the new, and the recent law (jus antiquum, novum, novissimum), though some writers prefer to speak of the ancient law, the law of the Middle Ages, and the modern law (Laurentius, "Instit.", n.4).
www.newadvent.org /cathen/09056a.htm   (9042 words)

  
 The Common Law And Human Rights
Secondly, the common law approach is also characterised by the importance attached to personal freedom and the freedom of speech and expression and the freedom to hold and enjoy property.
This view of common law rights, though not entirely incorrect, lacks the appreciation that the common law when it genuinely operated (before it was overlaid and undermined by legislation) was largely an expression of the norms of conduct generally observed by the community.
The drafters and the judges who interpreted it valued common law rules of procedure and evidence, recognised common law restrictions on freedom, reflected the spirit of the common law and ensured that such rights were administered and protected by the common law courts.
www.ourcivilisation.com /cooray/rights/chap3.htm   (3390 words)

  
 Common Law Marriage
Common law marriage is a marriage that results from the actions of a couple, despite the fact that they have not obtained a marriage license or fulfilled the requirements of a state's statutory marriage laws.
At the same time, where a couple became married under the common law of a different state or country, their marriage is likely to be recognized even in a state such as Michigan.
You should also recall that if your common law spouse becomes disabled or dies, it will be up to you to prove the validity of your marriage if your spouse's family excludes you from medical decision-making or tries to exclude you from inheriting property.
www.expertlaw.com /library/family_law/common_law.html   (510 words)

  
 [No title]   (Site not responding. Last check: 2007-10-22)
The best of the pre-Saxon compendiums of the common law was reportedly written by a woman, Queen Martia, wife of a king of a small English kingdom.
The common law became the basic law of most states due to the Commentaries on the Laws of England, completed by Sir William Blackstone in 1769, which became every American lawyer's bible.
Today almost all common law has been enacted into statutes with modern variations by all the states except Louisiana, which is still influenced by the Napoleonic Code.
dictionary.law.com /definition2.asp?selected=248&bold=||||   (243 words)

  
 Brief History on Our American Common Law
The Common Law was expounded over the years in hundreds of thousands of case decisions as a result of trials in which the Common Law jury acted as the Judges, and in which they exercised the authority to hear and decide questions of both Law and fact.
The Judge in a Court of Common Law is an impartial referee of the dispute, and he is bound to protect the Rights of the parties to the dispute, or he will have lost whatever jurisdiction he may have had, or claimed to have had.
And the Common Law of the States may not be modified, limited nor abrogated either by an act of the legislature (Congress or State Legislature) or by a ruling of some judge or by any county board of commissioners or any other servant to the people.
www.svpvril.com /OACL.html   (9964 words)

  
 COMMON LAW 1
The Law or Hebrew word for Law, the TORH (pronounced Tor-ah) was the basis of Hebrew religion and society.
This is the law of commerce, whereas the Common Law was the law that had to do with the land, and with the people of the land.
Common Law deals with the "mind" of man. Roman Law is based upon good order and discipline on a ship.
www.detaxcanada.org /cmlaw1.htm   (2454 words)

  
 Common Law Liberty
Common Law Liberty is a rediscovery and reassertion of the common law’s central contributions to and enduring impact on American constitutional law.
Stoner illuminates the common law’s ties to an entire way of life, inextricably linked to the Founding and American constitutionalism, influenced by Christianity, closely connected to the development of free enterprise, and open to the influences of modern science and democracy.
Stoner delineates two common laws: one understood by the Founders and rooted in British traditions of jurisprudence and one that, thanks to jurists like Holmes and Cardozo, corrupted the first by redefining common law as mere “judge-made law” or “judicial process,” dangerously disconnected from the values and norms of the communities it serves.
www.kansaspress.ku.edu /stoco2.html   (552 words)

  
 Common Law Marriage   (Site not responding. Last check: 2007-10-22)
In many ways, the theory of common-law marriage is one of estoppel - that parties who have themselves told the world they are married should not be heard to claim that they are not married in a dispute between the parties themselves.
The relevant laws of those states that have abolished common-law marriage are prospective in application, which means that common-law marriages contracted prior to the effective date of the statutes are valid.
Because the law of marriage and divorce varies from state to state, a person who may have valuable rights affected by such laws should consult with an attorney who specializes in such matters.
www.ct-divorce.com /Commlaw.htm   (1148 words)

  
 Fact Sheet On Common Law Marriage
Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license.
If you live in one of the common law states and don't want your relationship to become a common law marriage, you must be clear that it is your intention not to marry.
There is one catch: if you spend time in a state that does recognize common law marriage, "hold yourself out as married," and then return or move to a state that doesn't recognize it, you are still married (since states all recognize marriages that occurred in other states).
www.unmarried.org /common.html   (698 words)

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