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Legal System

Common Law

Also Known As Anglo-American Law
Common Law Family

Common law is a legal system in which law develops primarily through the decisions of courts, given binding force in later similar cases through the doctrine of precedent, alongside statutes enacted by a legislature. It originated in England, where royal courts began developing a body of law common to the whole realm rather than varying by local custom, and spread through English and later British colonization to the United States, Canada, Australia, India and most other nations with a British colonial history, each of which has since developed its own distinct body of case law atop the shared inheritance.

Facts
Disputed
Origin Year
1066 2
1066, the Norman Conquest of England, is often cited as the starting point of a unified English common law, since the Norman kings began sending royal judges on circuit to apply law common to the whole kingdom rather than varying by local custom. The consolidation is more properly a gradual process spanning the eleventh through thirteenth centuries, with the reforms of Henry II in the twelfth century particularly significant, so no single year marks the system true origin.
Example Jurisdictions
England and Wales, the United States, Canada, Australia, India, and most other nations with a British colonial history. 2
Primary Source of Law
Judicial precedent, developed through the doctrine of stare decisis, alongside statute. 3
Classification
Legal Family
Common Law 1
Common Law
Filter Results8 entries
Connections

Associated With

Source Israeli Law (Wikipedia)

Includes

A. V. Dicey, Jurists
Source Encyclopaedia Britannica
Source Abatement ab initio (Wikipedia)
Source Abatement in pleading (Wikipedia)
Source Abatement of debts and legacies (Wikipedia)
Source Abuse of process (Wikipedia)
Act of God, Doctrines
Source Act of God (Wikipedia)
Act of State Doctrine, Doctrines

Rooted in Anglo-American common law, most fully developed in US federal courts since Underhill v. Hernandez (1897).

Source Actio libera in causa (Wikipedia)
Source National Archives, Federal Register
Source Adversarial system (Wikipedia)
Adverse Possession, Doctrines

A common law doctrine of real property; civil law jurisdictions use analogous but distinct acquisitive prescription rules.

Alan Taylor, Jurists
Source Central Intelligence Agency: Australia, The World Factbook (factbook.json archive copy)
Source Ancient Document Rule (Wikipedia)
Source Answer (law) (Wikipedia)
Arthur Corbin, Jurists

Common law tort defense barring or reducing recovery where the plaintiff knowingly and voluntarily encountered a known risk.

Matches the existing Commonwealth v Tasmania precedent for Australian High Court rulings on this atlas.

Legal-system family: Common Law Family, following the CIA World Factbook and JuriGlobe comparative-law family classification.

Source Barratry (common law) (Wikipedia)
Basil Montagu, Jurists
Source Supreme Court of Canada (Wikipedia)
Source Blue pencil doctrine (Wikipedia)
Source Bona fide purchaser (Wikipedia)
Brian Alleyne, Jurists
Source Central Intelligence Agency: Dominica, The World Factbook (factbook.json archive copy)
Source Major Legal Systems in the World TodayRene David and John E.C. Brierley
Source Castle Doctrine (Wikipedia)
Source Encyclopaedia Britannica
Source Caveat Emptor (Wikipedia)
Charles Viner, Jurists
Chose, Doctrines
Source Chose (Wikipedia)
Circuit court, Courts
Source Circuit court (Wikipedia)

United States federal regulatory regime, placed within the common law tradition as its domestic legal system, though the regulations themselves are agency rules rather than judge-made law.

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley
Source Clean Hands (Wikipedia)
Source Colour of right (Wikipedia)
Source Common law offence (Wikipedia)
Source Commonwealth v Tasmania (Wikipedia)
Source Concurrent estate (Wikipedia)
Source Central Intelligence Agency: Guyana, The World Factbook (factbook.json archive copy)
Source Central Intelligence Agency: Saint Kitts and Nevis, The World Factbook (factbook.json archive copy)
Source Central Intelligence Agency: Saint Lucia, The World Factbook (factbook.json archive copy)
Source Central Intelligence Agency: Saint Vincent and the Grenadines, The World Factbook (factbook.json archive copy)

Traditional common law tort rule barring recovery entirely where the plaintiff's own negligence contributed to the injury; still followed in a small minority of U.S. jurisdictions.

Coram nobis, Doctrines
Source Coram nobis (Wikipedia)

Showing 1 to 50 of 227 in Includes, page 1 of 5.

Legal Family Of

Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source Central Intelligence Agency: Tanzania, The World Factbook (factbook.json archive copy)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)
Source List of national legal systems (Wikipedia)

Long-Form Articles

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Also in Geography Atlas: where this subject is found.

Also in Geography Atlas: where this subject is found.

Also in Geography Atlas: where this subject is found.

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley

Also in Geography Atlas: where this subject is found.

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley

Also in Geography Atlas: where this subject is found.

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley

Also in Geography Atlas: where this subject is found.

Also in Geography Atlas: where this subject is found.

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley

Also in Geography Atlas: where this subject is found.

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley
Sources
1. Wikipedia: Common law
Common law is the body of law primarily developed through judicial decisions rather than statutesView the Source
2. Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985
3. An Introduction to Comparative Law
Konrad Zweigert and Hein Koetz; English translation by Tony Weir, Clarendon Press, Oxford, 1998
Introduction to the Study of the Law of the Constitution
A. V. Dicey, Macmillan and Co., 1885Includes: Rule of Law
Encyclopaedia Britannica
Encyclopaedia Britannica, Inc.
  • Includes: A. V. Dicey
  • Includes: Sir Edward Coke
  • Includes: Sir William Blackstone
  • Includes: John Marshall
  • Includes: Oliver Wendell Holmes Jr.
  • Includes: William Murray, 1st Earl of Mansfield
  • Includes: Joseph Story
  • Includes: James Kent
  • Includes: Wesley Newcomb Hohfeld
  • Includes: Catharine MacKinnon
View the Source
The Oyez Project
Includes: Lochner v. New York
Paul Sarbanes (Wikipedia)
WikipediaIncludes: Paul SarbanesView the Source
Mike Oxley (Wikipedia)
WikipediaIncludes: Michael OxleyView the Source
Native Title Act 1993 (Wikipedia)
Includes: Native Title Act 1993 (Australia)View the Source
National Archives, Federal Register
U.S. National Archives and Records AdministrationIncludes: Administrative Procedure Act (APA)View the Source
Federal Food, Drug, and Cosmetic Act (Wikipedia)
Includes: Federal Food, Drug, and Cosmetic Act (FDCA)View the Source
Sarbanes-Oxley Act (Wikipedia)
Includes: Sarbanes-Oxley Act (SOX)View the Source
The Petition of Right 1628 (legislation.gov.uk)
Includes: Petition of Right (1628), legislation.gov.uk entry, Petition of Right 1628View the Source
Supreme Court of Canada (Wikipedia)
Wikipedia
  • Includes: Supreme Court of Canada, Founding section - in-legal-system
  • Includes: Beverley McLachlin, Introduction
    The Supreme Court of Canada (SCC; French: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French).
View the Source
High Court of Australia (Wikipedia)
Wikipedia
  • Includes: High Court of Australia, Founding section - in-legal-system
  • Includes: Stephen Gageler, Founding section - in-legal-system
    High Court of Australia operates within the Common Law legal system.
View the Source
Separation of Powers (Wikipedia)
WikipediaIncludes: Separation of Powers, Checks and balances section - in-legal-system common-law
Quote, Includes: Separation of Powers, Checks and balances section - in-legal-system common-law
Checks and balances...intends for each institution to have some influence over the other
View the Source
Mens Rea (Wikipedia)
WikipediaIncludes: Mens Rea, Lead paragraph - in-legal-system
Quote, Includes: Mens Rea, Lead paragraph - in-legal-system
In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
View the Source
R v Oakes (Wikipedia)
WikipediaIncludes: R v Oakes, Case summary - in-legal-systemView the Source
Commonwealth v Tasmania (Wikipedia)
WikipediaIncludes: Commonwealth v Tasmania, Significance section - in-legal-systemView the Source
Estoppel (Wikipedia)
WikipediaIncludes: Estoppel, Jurisdictional Differences sectionView the Source
Res Judicata (Wikipedia)
WikipediaIncludes: Res Judicata, Jurisdictional Differences sectionView the Source
Law of India (Wikipedia)
WikipediaIncludes: Indian Legal SystemView the Source
Israeli Law (Wikipedia)
WikipediaAssociated With: Israeli LawView the Source
Rule Against Perpetuities (Wikipedia)
Includes: Rule Against PerpetuitiesView the Source
M'Naghten Rules (Wikipedia)
Includes: M'Naghten RulesView the Source
Clean Hands (Wikipedia)
Includes: Clean Hands DoctrineView the Source
Frustration of Purpose (Wikipedia)
Includes: Frustration of PurposeView the Source
Castle Doctrine (Wikipedia)
WikipediaIncludes: Castle DoctrineView the Source
Felony Murder Rule (Wikipedia)
WikipediaIncludes: Felony Murder RuleView the Source
Forum Non Conveniens (Wikipedia)
WikipediaIncludes: Forum Non ConveniensView the Source
Laches (Equity) (Wikipedia)
WikipediaIncludes: LachesView the Source
Parol Evidence Rule (Wikipedia)
WikipediaIncludes: Parol Evidence RuleView the Source
Promissory Estoppel (Wikipedia)
WikipediaIncludes: Promissory EstoppelView the Source
Unconscionability (Wikipedia)
WikipediaIncludes: UnconscionabilityView the Source
Caveat Emptor (Wikipedia)
WikipediaIncludes: Caveat EmptorView the Source
Res Ipsa Loquitur (Wikipedia)
WikipediaIncludes: Res Ipsa LoquiturView the Source
Vicarious Liability (Wikipedia)
WikipediaIncludes: Vicarious LiabilityView the Source
Misprision of Felony (Wikipedia)
Includes: Misprision of felony, Introduction
Quote, Includes: Misprision of felony, Introduction
Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries.
View the Source
Jury Tampering (Wikipedia)
Includes: Jury tampering, Lead and Criminal Justice Act 2003 section
Quote, Includes: Jury tampering, Lead and Criminal Justice Act 2003 section
the Criminal Justice Act 2003 enables non-jury trials when tampering occurs
View the Source
Misprision of Treason (Wikipedia)
Includes: Misprision of treason, Lead, offense description
Quote, Includes: Misprision of treason, Lead, offense description
an offence found in many common law jurisdictions around the world, having been inherited from English law
View the Source
McKenzie Friend (Wikipedia)
Includes: McKenzie friend, Origin, McKenzie v McKenzie case
Quote, Includes: McKenzie friend, Origin, McKenzie v McKenzie case
the judge's intervention had deprived McKenzie of the assistance to which he was entitled
View the Source
Ancient Document Rule (Wikipedia)
Includes: Ancient document, Federal Rules of Evidence section
Quote, Includes: Ancient document, Federal Rules of Evidence section
Under the Federal Rules of Evidence, a writing qualifies as ancient
View the Source
Creditors' Rights (Wikipedia)
Includes: Creditors' rights, Lead, procedural provisions description
Quote, Includes: Creditors' rights, Lead, procedural provisions description
the procedural provisions designed to protect the ability of creditors
View the Source
A Short History of the Court of Chancery 1792-1992 (Delaware Courts)
Includes: Delaware Court of Chancery, History essay, Article VI Section 14
Quote, Includes: Delaware Court of Chancery, History essay, Article VI Section 14
shall be separated from the common law jurisdiction
View the Source
Supreme Court of Missouri (Wikipedia)
Includes: Supreme Court of Missouri, Lead and History sections [in-legal-system]
Quote, Includes: Supreme Court of Missouri, Lead and History sections [in-legal-system]
by 1816 the legislature adopted English common law as the law of Missouri
View the Source
Law of the United States (Wikipedia)
Wikipedia
  • Includes: United States Court of Appeals for the District of Columbia Circuit, Lead section
    At both the federal and state levels, with the exception of the legal system of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force in British America at the time of the American Revolutionary War.
  • Includes: United States Court of International Trade, Lead section
    At both the federal and state levels, with the exception of the legal system of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force in British America at the time of the American Revolutionary War.
List of national legal systems (Wikipedia)
  • Legal Family Of: Law of Myanmar, Section: Common law
    Myanmar
  • Legal Family Of: Law of Uganda, Section: Common law
    Uganda
  • Legal Family Of: Law of Ghana, Section: Common law
    Ghana
  • Legal Family Of: Law of Papua New Guinea, Section: Common law
    Papua New Guinea
  • Legal Family Of: Law of Barbados, Section: Common law
    Barbados
  • Legal Family Of: Law of Belize, Section: Common law
    Belize
  • Legal Family Of: Law of Dominica, Section: Common law
    Dominica
  • Legal Family Of: Law of Fiji, Section: Common law
    Fiji
  • Legal Family Of: Law of Grenada, Section: Common law
    Grenada
  • Legal Family Of: Law of Trinidad and Tobago, Section: Common law
    Trinidad and Tobago
  • Legal Family Of: Law of Jamaica, Section: Common law
    Jamaica
  • Legal Family Of: Law of Liberia, Section: Common law
    Liberia
  • Legal Family Of: Law of Tonga, Section: Common law
    Tonga
View the Source
Circuit court (Wikipedia)
Includes: Circuit court, Wikipedia lead sentence
Quote, Includes: Circuit court, Wikipedia lead sentence
Circuit courts are court systems in several common law jurisdictions
View the Source
Superior court (Wikipedia)
Includes: Superior court, Wikipedia lead sentence
Quote, Includes: Superior court, Wikipedia lead sentence
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases
View the Source
Adversarial system (Wikipedia)
Includes: Adversarial system, Wikipedia lead sentence
Quote, Includes: Adversarial system, Wikipedia lead sentence
or accusatory system, is a legal system used in the common law countries where two advocates represent their parties' case or position before
View the Source
Curtilage (Wikipedia)
Includes: Curtilage, Wikipedia lead sentence
Quote, Includes: Curtilage, Wikipedia lead sentence
In common law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures,
View the Source
Equity (law) (Wikipedia)
Includes: Equity (law), Wikipedia lead sentence
Quote, Includes: Equity (law), Wikipedia lead sentence
In law, particularly in common law jurisdictions, equity is the body of law that historically developed in the English Court of Chancery, which create
View the Source
Posse comitatus (Wikipedia)
Includes: Posse comitatus, Wikipedia lead sentence
Quote, Includes: Posse comitatus, Wikipedia lead sentence
a retinue or gang"), frequently shortened to posse, is in common law a group of people mobilized to suppress lawlessness, defend the people, or othe
View the Source
Inquest (Wikipedia)
Includes: Inquest, Wikipedia lead sentence
Quote, Includes: Inquest, Wikipedia lead sentence
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death
View the Source
Escheat (Wikipedia)
Includes: Escheat, Wikipedia lead sentence
Quote, Includes: Escheat, Wikipedia lead sentence
Escheat (from Latin excidere 'fall away') is a common law doctrine that transfers the real property of a person who has died without heirs to the gove
View the Source
Joint and several liability (Wikipedia)
Includes: Joint and several liability, Wikipedia lead sentence
Quote, Includes: Joint and several liability, Wikipedia lead sentence
are liable in respect of the same liability, in most common law legal systems they may either be: severally liable, or jointly liable, or joint
View the Source
Indictable offence (Wikipedia)
Includes: Indictable offence, Wikipedia lead sentence
Quote, Includes: Indictable offence, Wikipedia lead sentence
In many common law jurisdictions (e.g., England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indicta
View the Source
Abatement ab initio (Wikipedia)
Includes: Abatement ab initio, Wikipedia lead sentence
Quote, Includes: Abatement ab initio, Wikipedia lead sentence
Abatement ab initio (Latin for "from the beginning") is a common law legal doctrine that states that the death of a defendant who is appealing a crimi
View the Source
Privity of contract (Wikipedia)
Includes: Privity of contract, Wikipedia lead sentence
Quote, Includes: Privity of contract, Wikipedia lead sentence
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone wh
View the Source
Bona fide purchaser (Wikipedia)
Includes: Bona fide purchaser, Introduction
Quote, Includes: Bona fide purchaser, Introduction
A bona fide purchaser (BFP) - referred to more completely as a bona fide purchaser for value without notice - is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property.
View the Source
Peace (law) (Wikipedia)
Includes: Peace (law), Wikipedia lead sentence
Quote, Includes: Peace (law), Wikipedia lead sentence
king's peace (Latin: pax regis) or queen's peace, is the common-law concept of the maintenance of public order
View the Source
Barratry (common law) (Wikipedia)
Includes: Barratry (common law), Wikipedia lead sentence
Quote, Includes: Barratry (common law), Wikipedia lead sentence
barat ("deceit, trickery")) is a legal term that, at common law, described a criminal offence committed by people who are overly officious in i
View the Source
Common law offence (Wikipedia)
Includes: Common law offence, Wikipedia lead sentence
Quote, Includes: Common law offence, Wikipedia lead sentence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. state laws
View the Source
Judicial estoppel (Wikipedia)
Includes: Judicial estoppel, Wikipedia lead sentence
Quote, Includes: Judicial estoppel, Wikipedia lead sentence
In the common law, judicial estoppel (also known as estoppel by inconsistent positions) is an estoppel that precludes a party from taking a position i
View the Source
Chose (Wikipedia)
Includes: Chose, Wikipedia lead sentence
Quote, Includes: Chose, Wikipedia lead sentence
Chose (pronounced: , French for "thing") is a term used in common law tradition to refer to rights in property, specifically a combined bundle of righ
View the Source
Next friend (Wikipedia)
Includes: Next friend, Wikipedia lead sentence
Quote, Includes: Next friend, Wikipedia lead sentence
In common law, a next friend (Law French prochein ami) is a person who represents another person who is under age, or, because of disability or otherw
View the Source
Remainder (law) (Wikipedia)
Includes: Remainder (law), Wikipedia lead sentence
Quote, Includes: Remainder (law), Wikipedia lead sentence
law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person (who is referred
View the Source
Blue pencil doctrine (Wikipedia)
Includes: Blue pencil doctrine, Wikipedia lead sentence
Quote, Includes: Blue pencil doctrine, Wikipedia lead sentence
The blue pencil doctrine is a legal concept in common law countries in which a court finds that portions of a contract are void or unenforceable, but
View the Source
Plea in equity (Wikipedia)
Includes: Plea in equity, Wikipedia lead sentence
Quote, Includes: Plea in equity, Wikipedia lead sentence
A plea in equity, in the common law, is a statement of facts raised by a defendant which operates as a defense to an equitable claim raised by the pla
View the Source
Personal representative (Wikipedia)
Includes: Personal representative, Wikipedia lead sentence
Quote, Includes: Personal representative, Wikipedia lead sentence
In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of a
View the Source
Duty of confidentiality (Wikipedia)
Includes: Duty of confidentiality, Wikipedia lead sentence
Quote, Includes: Duty of confidentiality, Wikipedia lead sentence
In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs
View the Source
Slavery at common law (Wikipedia)
Includes: Slavery at common law, Wikipedia lead sentence
Quote, Includes: Slavery at common law, Wikipedia lead sentence
Slavery at common law in the British Empire developed slowly over centuries, and was characterised by inconsistent decisions and varying rationales fo
View the Source
Hereditament (Wikipedia)
Includes: Hereditament, Wikipedia lead sentence
Quote, Includes: Hereditament, Wikipedia lead sentence
In common law, a hereditament (from Latin hereditare, to inherit, from heres, heir) is any kind of property that can be inherited
View the Source
Legal impossibility (Wikipedia)
Includes: Legal impossibility, Wikipedia lead sentence
Quote, Includes: Legal impossibility, Wikipedia lead sentence
Legal impossibility is a traditional common law defense to a charge of an attempted crime
View the Source
Fraudulent concealment (Wikipedia)
Includes: Fraudulent concealment, Wikipedia lead sentence
Quote, Includes: Fraudulent concealment, Wikipedia lead sentence
Fraudulent concealment is a common law doctrine that may be invoked to toll a statute of limitations
View the Source
Abatement of debts and legacies (Wikipedia)
Includes: Abatement of debts and legacies, Wikipedia lead sentence
Quote, Includes: Abatement of debts and legacies, Wikipedia lead sentence
Abatement of debts and legacies is a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to
View the Source
Abatement in pleading (Wikipedia)
Includes: Abatement in pleading, Wikipedia lead sentence
Quote, Includes: Abatement in pleading, Wikipedia lead sentence
in pleading, or plea in abatement, was a defence in common law to legal proceedings that did not contest the principle of the plaintiff's righ
View the Source
Colour of right (Wikipedia)
Includes: Colour of right, Wikipedia lead sentence
Quote, Includes: Colour of right, Wikipedia lead sentence
referred to as a claim of right, is the legal concept in common law countries of an accused's permission to the usage or conversion of an asset in
View the Source
Obscene libel (Wikipedia)
Includes: Obscene libel, Wikipedia lead sentence
Quote, Includes: Obscene libel, Wikipedia lead sentence
publication of an obscene libel was an offence under the common law of England
View the Source
Ignis suus (Wikipedia)
Includes: Ignis suus, Wikipedia lead sentence
Quote, Includes: Ignis suus, Wikipedia lead sentence
Ignis suus (his fire; Latin), sometimes ignus suus, is a common law principle relating to an occupier's liability over damage caused by the spread of
View the Source
Writ (Wikipedia)
Includes: Writ, Introduction
Quote, Includes: Writ, Introduction
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court.
View the Source
Trust (law) (Wikipedia)
Includes: Trust (law), Introduction
Quote, Includes: Trust (law), Introduction
In the English common law, the party who entrusts the property is known as the "settlor," the party to whom it is entrusted is known as the "trustee," the party for whose benefit the property is entrusted is known as the "beneficiary," and the entrusted property is known as the "corpus" or "trust property." A testamentary trust is an irrevocable trust established and funded pursuant to the terms of a deceased person's will.
View the Source
Obiter dictum (Wikipedia)
Includes: Obiter dictum, Introduction
Quote, Includes: Obiter dictum, Introduction
The concept as used in law derives from English common law, whereby a judgment comprises only two elements: ratio decidendi and obiter dicta.
View the Source
Qui tam (Wikipedia)
Includes: Qui tam, Introduction
Quote, Includes: Qui tam, Introduction
In common law, a writ of qui tam is a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution.
View the Source
Feoffment (Wikipedia)
Includes: Feoffment, Introduction
Quote, Includes: Feoffment, Introduction
The common law of estates in land grew from this concept.
View the Source
Abuse of process (Wikipedia)
Includes: Abuse of process, Introduction
Quote, Includes: Abuse of process, Introduction
In common law it is classified as a tort distinct from the intentional tort of malicious prosecution.
View the Source
Hue and cry (Wikipedia)
Includes: Hue and cry, Introduction
Quote, Includes: Hue and cry, Introduction
In common law, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime (cf.
View the Source
Coram nobis (Wikipedia)
Includes: Coram nobis, Introduction
Quote, Includes: Coram nobis, Introduction
In the United Kingdom, the common law writ is superseded by the Common Law Procedure Act 1852 (15 & 16 Vict.
View the Source
Falsus in uno, falsus in omnibus (Wikipedia)
Includes: Falsus in uno, falsus in omnibus, Introduction
Quote, Includes: Falsus in uno, falsus in omnibus, Introduction
At common law, it is the legal principle that a witness who falsely testifies about one matter is not credible to testify about any matter.
View the Source
Impossibility defense (Wikipedia)
Includes: Impossibility defense, Introduction
Quote, Includes: Impossibility defense, Introduction
Factual impossibility is rarely an adequate defense at common law.
View the Source
Answer (law) (Wikipedia)
Includes: Answer (law), Introduction
Quote, Includes: Answer (law), Introduction
In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant.
View the Source
Rule of lenity (Wikipedia)
Includes: Rule of lenity, Introduction
Quote, Includes: Rule of lenity, Introduction
The rule has a long history in the English and American common law tradition and has been an important element of the relationship between the courts and the legislature, but its role in modern jurisprudence is less clear.
View the Source
Crossclaim (Wikipedia)
Includes: Crossclaim, Introduction
Quote, Includes: Crossclaim, Introduction
In common law, a crossclaim is a demand made in a pleading that is filed against a party which is on the "same side" of the lawsuit.
View the Source
De homine replegiando (Wikipedia)
Includes: De homine replegiando, Introduction
Quote, Includes: De homine replegiando, Introduction
It is the oldest common law freedom writ.
View the Source
Hung jury (Wikipedia)
Includes: Hung jury, Lead paragraph
Quote, Includes: Hung jury, Lead paragraph
This situation primarily occurs in common law legal systems, but it is also possible in civil law systems.
View the Source
Duty to rescue (Wikipedia)
Includes: Duty to rescue, Lead paragraph
Quote, Includes: Duty to rescue, Lead paragraph
In common law systems, it is rarely formalized in statutes which would bring the penalty of law down upon those who fail to rescue.
View the Source
Actio libera in causa (Wikipedia)
Includes: Actio libera in causa, Lead
Quote, Includes: Actio libera in causa, Lead
Actio libera in causa (frequently abbreviated as a.l.i.c., Latin for "action free in its cause") is a law principle in a typical Western law system (both common law and civil law).
View the Source
Legal origins theory (Wikipedia)
Includes: Legal origins theory, Lead
Quote, Includes: Legal origins theory, Lead
The legal origins theory claims that the two main legal traditions or origins, civil law and common law, crucially shape lawmaking and dispute adjudication and have not been reformed after the initial exogenous transplantation by Europeans.
View the Source
Act of God (Wikipedia)
Includes: Act of God, Lead
Quote, Includes: Act of God, Lead
In Scots law, the equivalent term is damnum fatale, while most common law legal systems use the term act of God.
View the Source
Concurrent estate (Wikipedia)
Includes: Concurrent estate, Lead
Quote, Includes: Concurrent estate, Lead
Most common law jurisdictions recognize tenancies in common and joint tenancies.
View the Source
Justice of the peace (Wikipedia)
Includes: Justice of the peace, Lead
Quote, Includes: Justice of the peace, Lead
Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions.
View the Source
Eastern Caribbean Supreme Court (Wikipedia)
Includes: Eastern Caribbean Supreme Court, Lead (country)
Quote, Includes: Eastern Caribbean Supreme Court, Lead (country)
Organisation of Eastern Caribbean States (OECS), including six independent states: Antigua and Barbuda, the Commonwealth of Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines and three British Overseas Territories (Anguilla, British Virgin Islands, and
View the Source
Exchequer of Pleas (Wikipedia)
Includes: Exchequer of Pleas, Wikipedia lead sentence
Quote, Includes: Exchequer of Pleas, Wikipedia lead sentence
of its jurisdiction', namely its function as a Court of Common Law for the adjudication of Civil Pleas
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Central Intelligence Agency: Guyana, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Constitution of Guyana, Government: Legal system
    common law system, based on the English model
  • Includes: Roxane George-Wiltshire, Government: Legal system
    common law system, based on the English model, with some Roman-Dutch civil law influence
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Central Intelligence Agency: Saint Lucia, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Constitution of Saint Lucia, Government: Legal system
    English common law
  • Includes: Vincent Floissac, Government: Legal system
    English common law
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Central Intelligence Agency: Saint Vincent and the Grenadines, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Constitution of Saint Vincent and the Grenadines, Government: Legal system
Quote, Includes: Constitution of Saint Vincent and the Grenadines, Government: Legal system
English common law
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Central Intelligence Agency: Saint Kitts and Nevis, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Constitution of Saint Kitts and Nevis, Government: Legal system
    English common law
  • Includes: Hugh Rawlins, Government: Legal system
    English common law
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Central Intelligence Agency: Tanzania, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Legal Family Of: Law of Tanzania, Government: Legal system
    English common law
  • Includes: George Mcheche Masaju, Government: Legal system
    English common law; judicial review of legislative acts limited to matters of interpretation
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Demurrer (Wikipedia)
Includes: Demurrer, Lead
Quote, Includes: Demurrer, Lead
In common law, a demurrer was the pleading through which a defendant challenged the legal sufficiency of a complaint in criminal or civil cases.
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Officious intermeddler (Wikipedia)
Includes: Officious intermeddler, Lead
Quote, Includes: Officious intermeddler, Lead
Under common law doctrine, B is not entitled to any payment from A beyond whatever A cares to give.
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Struck jury (Wikipedia)
Includes: Struck jury, Lead
Quote, Includes: Struck jury, Lead
This procedure "has its roots in ancient common law heritage".
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Fiduciary (Wikipedia)
Includes: Fiduciary, Lead
Quote, Includes: Fiduciary, Lead
In English common law, the fiduciary relationship is an important concept within a part of the legal system known as equity.
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Central Intelligence Agency: New Zealand, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Michael Myers, Government: Legal system
Quote, Includes: Michael Myers, Government: Legal system
common law system, based on English model, with special legislation and land courts for the Maori
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Central Intelligence Agency: United Kingdom, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Michael Briggs, Baron Briggs, Government: Legal system
    common law system; has nonbinding judicial review of Acts of Parliament under the Human Rights Act of 1998
  • Includes: George Leggatt, Baron Leggatt, Government: Legal system
    common law system; has nonbinding judicial review of Acts of Parliament under the Human Rights Act of 1998
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Central Intelligence Agency: Canada, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: David Mills, Government: Legal system
    common law system except in Quebec, where civil law based on the French civil code prevails
  • Includes: Robert Smith, Government: Legal system
    common law system except in Quebec, where civil law based on the French civil code prevails
  • Includes: Robert Sedgewick, Government: Legal system
    common law system except in Quebec, where civil law based on the French civil code prevails
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Central Intelligence Agency: Australia, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: William Webb, Government: Legal system
    common law system based on the English model
  • Includes: Alan Taylor, Government: Legal system
    common law system based on the English model
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Central Intelligence Agency: Tonga, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Malcolm Bishop, Government: Legal system
Quote, Includes: Malcolm Bishop, Government: Legal system
English common law
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Central Intelligence Agency: The Bahamas, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Ian Winder, Government: Legal system
Quote, Includes: Ian Winder, Government: Legal system
common-law system based on the English model
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Central Intelligence Agency: Ireland, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Frank Clarke, Government: Legal system
    common law system based on the English model but substantially modified by customary law; Supreme Court reviews legislative acts
  • Includes: Timothy Sullivan, Government: Legal system
    common law system based on the English model but substantially modified by customary law; Supreme Court reviews legislative acts
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Central Intelligence Agency: Kiribati, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Tetiro Semilota, Government: Legal system
    English common law supplemented by customary law
  • Includes: Court of Appeal of Kiribati, Government, legal system
    English common law supplemented by customary law"
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Central Intelligence Agency: Dominica, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Brian Alleyne, Government: Legal system
Quote, Includes: Brian Alleyne, Government: Legal system
common law based on the English model
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Central Intelligence Agency: Pakistan, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Javed Iqbal, Government: Legal system
Quote, Includes: Javed Iqbal, Government: Legal system
common law system with Islamic law influence
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Central Intelligence Agency: Bangladesh, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Muhammad Muzammel Hossain, Government: Legal system
Quote, Includes: Muhammad Muzammel Hossain, Government: Legal system
common law, incorporating elements of English common law; since independence, statutory law has been the primary form of legislation
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Common law (Wikipedia)
WikipediaIn Group: Common Law of the British Isles and Its Foundations, Introduction, sentence 1
Quote, In Group: Common Law of the British Isles and Its Foundations, Introduction, sentence 1
Common law is the body of law primarily developed through judicial decisions rather than statutes.
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Central Intelligence Agency: Marshall Islands, The World Factbook (factbook.json archive copy)
Central Intelligence AgencyIncludes: Supreme Court of the Marshall Islands, Government, legal system
Quote, Includes: Supreme Court of the Marshall Islands, Government, legal system
mixed system of US and English common law, customary law, and local statutes
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