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Topic: English common law


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In the News (Thu 23 Nov 17)

  
  Common law
The common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent.
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.
Though today common law only is generally thought of as applying to civil disputes; originally in encompassed the criminal law before criminal codes were adopted in most common law jurisdictions in the late 19th century.
www.ebroadcast.com.au /lookup/encyclopedia/co/Common_Law.html   (1162 words)

  
 Description and History of Common Law
Common law consists of the rules and other doctrine developed gradually by the judges of the English royal courts as the foundation of their decision, and added to over time by judges of those various jurisdictions recognizing the authority of this accumulating doctrine.
Common law's unity has been attributed to the fact that law is grounded in and logically derived from a handful of general principles and that whole subject-areas such as contract or torts are distinguished by some common principles or elements which fix the boundaries of the subject.
Common law follows the doctrine of precedent - the doctrine that judges are hound to treat as binding on them the essential legal grounds of decisions adopted in similar cases previously determined in courts of higher or perhaps equal status.
www.radford.edu /~junnever/law/commonlaw.htm   (2551 words)

  
 Common law - Wikipedia, the free encyclopedia
Common law originally developed under the inquisitorial system in England from judicial decisions that were based in tradition, custom, and precedent.
In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of conflict.
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   (2423 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)

  
 Common Law.   (Site not responding. Last check: 2007-11-07)
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)

  
 English Law
Also known generally as the common law (compare civil law), it was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the Bristish withdrew or were expelled, to form the basis of the jurispurence of many of those countries.
The essence of common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the fact before them.
However, while England and Wales retains the common law the UK is part of the European Union and European Union law is effective in the UK.
www.ebroadcast.com.au /lookup/encyclopedia/en/English_Law.html   (323 words)

  
 Encyclopedia of Criminology
The Common Law was an institution that evolved at an almost geological rate of development, and thus should be viewed in the context of English Medieval history.
Coke and his Common Law adherents employed writs as weapons against these courts: the writ of habeas corpus to obtain release of defendants convicted and sentenced to jail terms, and the writ of prohibition to discontinue trials in the Star Chamber and Court of High Commission.
As for criminal law, the English Bill of Rights immunized debates in Parliament from criminal prosecution, banned exorbitant fines or bail, restricted the King's ability to grant immunity from prosecution, prohibited cruel punishment, and mandated that jurors be returned and empaneled in accordance with accepted procedure.
www.routledge-ny.com /ref/criminology/english.html   (3701 words)

  
 The Common Law and Economic Growth
This paper therefore attempts a preliminary analysis of whether the differences between the common law and civil law traditions are sufficient to produce differential economic outcomes.* I first provide cross-country evidence that the common law is associated with higher per capita economic growth compared to the civil law.
A plausible explanation is that the common law countries were more apt to structure their economic systems around property and contract, and less around government economic activity and redistribution, than the civil law countries.
The common law and its associated attitudes toward property and contract may be more attractive than the civil law tradition that has dominated legal development in the post-communist world to date.
www.worldbank.org /html/prddr/trans/novdec99/WDIComLaw.htm   (1248 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)

  
 English law   (Site not responding. Last check: 2007-11-07)
By 1250 the royal judges had amalgamated the various local customs into the system of common law – that is, law common to the whole country.
During the 19th century virtually the whole of English law was reformed by legislation; for example, the number of capital offences was greatly reduced.
A unique feature of English law is the doctrine of judicial precedents, whereby the reported decisions of the courts form a binding source of law for future decisions.
www.tiscali.co.uk /reference/encyclopaedia/hutchinson/m0001170.html   (401 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)

  
 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   (2221 words)

  
 Understanding Common Law
In Roman law, it denoted one who was either born free or emancipated, and was the opposite of 'slave.' In feudal law, it designated an allodial proprietor, as distinguished from a vassal or feudal tenant.
Common law is the law of the land, the law of the Constitution.
Common law comprises the body of principles and rules of action relating to government and security of persons and property which derive their authority solely from usages and customs or from judgments and decrees of courts recognizing, affirming, and enforcing such usages and customs.
www.friendsoffreedom.com /Writings/CommonLaw.html   (4462 words)

  
 Criminal Law
The term "common law" denotes judge-made law, as opposed to statutes enacted by Parliament.
The vast majority of English criminal law in the 17th and 18th centuries was made by judges.
When I say "common law" in class, I generally mean the common law as it existed in the early 19th century.
w3.uchastings.edu /Crimlaw/Handouts/HO1_Sources.htm   (539 words)

  
 Is Christianity part of English Common Law
Parliamentary law had fixed the death penalty for heresy, and many statutes had been enacted to enforce Christian rites and doctrines, Story observed.22 He was right, but proved nothing as to the question whether the common law, as distinguished from statutory and ecclesiastical law, embodied Christianity.
The laws of England, in their progress from the earliest to the present times, may be likened to the road of a traveller, divided into distinct stages or resting places, at each of which a review.
Goring by an ox was the death of the ox, and the flesh not to be eaten.
candst.tripod.com /joestor4.htm   (9302 words)

  
 Wikinfo | Common law
The common law constitutes the basis of the legal systems of: the United Kingdom (except Scotland), the United States (except Louisiana, California (isn't California also common-law based?)** and Puerto Rico), Canada (except Quebec), Australia, New Zealand, South Africa, India, Singapore, and many other generally English-speaking countries or Commonwealth countries.
California is arguably not a common law state, because it has enacted "codes" that completely state the law of the land.
California is not a civil law state in the sense that its laws derive from or directly from Roman or Napoleonic law, like Louisiana.
www.wikinfo.org /wiki.php?title=Common_law   (1299 words)

  
 The Common Law Writ System
One of the most common early writs was the writ of assumpsit which was available in cases involving the breach of a contract where the defendant was alleged to have broken some promise made to the complaining party.
mplicit with the early common law notion that the King was sovereign was the notion that he was simply NOT capable of being sued at all.
Eventually, as the common law developed, the doctrine of "sovereign immunity" became recognized as a nerely absolute immunity first with respect to actions against the King, and later with respect to all Tort claims brought against the various Governmental entities which eventually replaced the King.
www.samford.edu /schools/netlaw/Martin/torts1/writhistory.htm   (1302 words)

  
 Common Law - MSN Encarta
Common Law, term used to refer to the main body of English unwritten law that evolved from the 12th century onward.
Law: The history of what the law has been is…
Law: The life of the law has not been logic; it…
encarta.msn.com /encyclopedia_761553815/Common_Law.html   (60 words)

  
 Naturenet: English Common Law
This means that, in deciding a particular case, the court must have regard to the principles of law laid down in earlier reported cases on the same, or similar points, although the law may be extended or varied if the facts of the particular case are sufficiently different.
In fact, many aspects of the law shown here are also controlled by statute law (which is the other sort of law made by Parliament) but as a general heading, these matters can be grouped together as based on or originating in on common law.
It is against the law to trespass on any land (and inland that includes land covered by water such as rivers or lakes) or in any building.
www.naturenet.net /law/common.html   (1623 words)

  
 THE RIGHTS OF THE UNBORN from Common Law to Constitutional Law
English Common Law contains the precedents that became the very language of our Constitution, and it is from this well of principles, precedents and declarations that our legal system draws its precedents and principles, as well as the very language in which these precedents and principles are expressed.
The reason for the abortion laws, in English Common Law and elsewhere, was to prevent the destruction of the unborn child in its mother's womb.
In every declaration of English Common Law, it is presupposed that the mother who carries a child in her womb has a trust-dominion over the child, but the child, in the fullness of its human and constitutional rights, has an absolute dominion.
www.priestsforlife.org /government/stevens3.htm   (4874 words)

  
 Medieval Sourcebook: Medieval Legal History
The Law of Brusthem, 1175, on a mixed marriage between a slave and a freewoman.
Cain Adamnain: An Old-Irish Treatise on the Law of Adamnan
Laws of Alfred and Ine [In Anglo Saxon] [At Labryinth]
www.fordham.edu /halsall/sbook-law.html   (4132 words)

  
 Republic of Texas Government web site, Texas History, Texas Rangers, English Common Law, Unalienable Rights, Laws of ...
He wanted to hold an election to seat the lawful government, but he was ill-advised by McLaren, who told him that he could not hold a lawful election to fill the offices of the republic, de jure, because the republic was on hold as the result of the Cease Fire Agreement.
This was done under God's ancient Common Law principle of "Wager of Law," which was met with rejection, they then won their freedom from tyranny under God's ancient Common Law principle of "Wager of Battle".
The law of the land in the Republic of Texas is English Common Law:
therepublic-oftexas.com   (2925 words)

  
 The Birth of the English Common Law - Cambridge University Press   (Site not responding. Last check: 2007-11-07)
The book provides a challenging interpretation of the emergence of the Common Law in Anglo-Norman England, against the background of the general development of legal institutions in Europe.
English courts from the Conqueror to Glanvill; 2.
English law and the Continent; notes to the text; index of persons, places and subjects.
www.cup.cam.ac.uk /us/catalogue/catalogue.asp?isbn=0521356822   (194 words)

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