common law

¹

[kom-uhn law]

noun

1. the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law.

2. the unwritten law, especially of England, based on custom or court decision, as distinct from statute law.

3. the law administered through the system of courts established for the purpose, as distinct from equity or admiralty.

common-law

²

[kom-uhn-law]

adjective

1. of, relating to, or established by common law.

   a common-law spouse.

common law

noun

1. the body of law based on judicial decisions and custom, as distinct from statute law

2. the law of a state that is of general application, as distinct from regional customs

3. common-law. (modifier) denoting a marriage deemed to exist after a couple have cohabited for several years

   common-law marriage

   common-law wife

common law

1. Law developed in the course of time from the rulings of judges, as opposed to law embodied in statutes passed by legislatures (statutory law) or law embodied in a written constitution (constitutional law). (See stare decisis.)

The importance of common law is particularly stressed in the legal system of Britain, on which the legal system of the United States is based.

Word History and Origins

Origin of common law¹

Middle English word dating back to 1300–50

Origin of common law²

First recorded in 1905–10

Example Sentences

The solicitors in these three cases say that the commissions amounted to bribes at common law.

From BBC

"The proscription of Palestine Action is repugnant to the tradition of the common law and contrary to the European Convention on Human Rights," he said.

From BBC

The argument that increasing the cost to parents who choose a private school would be an infringement of the common law "is plainly not right", he wrote in his submissions.

From BBC

Trump’s extended attempts at appealing to suburban women voters by identifying himself as their “protector” echo the language of gender inequality, steeped in Anglo-American common law customs from centuries ago.

From Salon

It was a considered a bulwark protection to help uphold the British-style common law legal system and Hong Kong's continuation of this elevated its stature as a global financial hub.

From BBC