1435:
and their common law tradition as threats to the new republic. The
Jeffersonians preferred a legislatively enacted civil law under the control of the political process, rather than the common law developed by judges that—by design—were insulated from the political process. The Federalists believed that the common law was the birthright of Independence: after all, the natural rights to "life, liberty, and the pursuit of happiness" were the rights protected by common law. Even advocates for the common law approach noted that it was not an ideal fit for the newly independent colonies: judges and lawyers alike were severely hindered by a lack of printed legal materials. Before Independence, the most comprehensive law libraries had been maintained by Tory lawyers, and those libraries vanished with the loyalist expatriation, and the ability to print books was limited. Lawyer (later President) John Adams complained that he "suffered very much for the want of books". To bootstrap this most basic need of a common law system—knowable, written law—in 1803, lawyers in Massachusetts donated their books to found a law library. A Jeffersonian newspaper criticized the library, as it would carry forward "all the old authorities practiced in England for centuries back ... whereby a new system of jurisprudence on the high monarchical system become the Common Law of this Commonwealth... may hereafter have a very unsocial purpose."
5050:"In some cases, according to some expert observers, important principles were not included in the legislation because the drafters, not having any experience in commerce, could not appreciate the importance of the principles and the advisors could not convince them of the necessity of certain principles. For example, under legislation adopted, boards of directors can be held criminally and civilly liable if the corporation does not turn a profit, not exactly a great incentive to risk taking. It illustrates the difficulty of changing societal norms. At the same time, in deciding commercial cases, the judges are not to examine the prevailing practices regarding what agreements mean within the trade at the time the contract was entered into, a fundamental concept in western commerce and judicial practice."
1103:
504:, that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast to common law incrementalism, the legislative process is very difficult to get started, as the work begins much earlier than just introducing a bill. Once the legislation is introduced, the process to getting it passed is long, involving the committee system, debate, the potential of conference committee, voting, and President approval. Because of the involved process, many pieces must fall into place in order for it to be passed.
40:
1181:(also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent, the pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law".
937:
of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and
Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as the United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware
950:
but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose the law of
England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result.
1803:
criminal cases, in the first instance and on appeal, we follow the principle of party presentation. That is, we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present." This principle applies with force in all issues in criminal matters, and to factual issues: courts seldom engage in fact gathering on their own initiative, but decide facts on the evidence presented (even here, there are exceptions, for "legislative facts" as opposed to "adjudicative facts").
2585:, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semi-permanent character.
4619:(1765–1769): "Statutes are either declaratory of the common law, or remedial of some defects therein. Declaratory, where the old custom of the kingdom is almost fallen into disuse, or become disreputable; remedial when made to supply such defects, and abridge such superfluities, in the common law, as arise either from the general imperfection of all human laws, from change of time and circumstances, from the mistakes and unadvised determinations of unlearned (or even learned) judges, or from any other cause whatsoever.
1795:
case where it has been decided that a trial shall be conducted. Therefore, the president of the bench's view of the case is not neutral and may be biased while conducting the trial after the reading of the dossier. Unlike the common law proceedings, the president of the bench in the inquisitorial system is not merely an umpire and is entitled to directly interview the witnesses or express comments during the trial, as long as he or she does not express his or her view on the guilt of the accused.
2968:
This comprises (a) the
Constitution; (b) enactments made by or under the authority of the Parliament established by the Constitution; (c) any Orders, Rules and Regulations made by any person or authority under a power conferred by the Constitution; (d) the existing law; and (e) the common law. Thus, the modern-day Constitution of Ghana, like those before it, embraced the English common law by entrenching it in its provisions. The doctrine of judicial precedence which is based on the principle of
7626:
2638:
7640:
83:, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. If a court finds that a similar dispute to the present one has been resolved in the past, the court is generally bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (a "
3927:
unmake, or remake, and not merely to discover...it is essentially a legislative, not a judicial process, made necessary in formative periods by the paucity of principles, feebleness of legislation and rigidity of rules characteristic of archaic law. So long as law is regarded as sacred, or for any reason as incapable of alteration, such a process is necessary for growth, but surviving into periods of legislation, it becomes a source of confusion.
2839:
427:
615:(65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize the trend of judicial thought. We hold, then, that the principle of
548:(decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from a defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes". The
2414:
389:
courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. More recent decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all the lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts.
2964:
Bond of 1844 marked the period when the people of Ghana (then Gold Coast) ceded their independence to the
British and gave the British judicial authority. Later, the Supreme Court Ordinance of 1876 formally introduced British law, be it the common law or statutory law, in the Gold Coast. Section 14 of the Ordinance formalised the application of the common-law tradition in the country.
620:
gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable.
1783:, in which two sides present their cases to a neutral judge. For example, in criminal cases, in adversarial systems, the prosecutor and adjudicator are two separate people. The prosecutor is lodged in the executive branch, and conducts the investigation to locate evidence. That prosecutor presents the evidence to a neutral adjudicator, who makes a decision.
1799:
the investigation phase but he or she will be free to change his or her evidence at trial. Whether the accused pleads guilty or not, a trial will be conducted. Unlike the adversarial system, the conviction and sentence to be served (if any) will be released by the trial jury together with the president of the trial bench, following their common deliberation.
843:, which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within the circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive.
5345:, 304 U.S. 64, 78 (1938) ("There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or ‘general,’ be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts.").
1266:, of which the first extant was published in 1268, the same year that Bracton died. The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in the period from the 13th to the 16th centuries, when the common law developed into recognizable form.
1644:. To initiate a lawsuit, a pleading had to be drafted to meet myriad technical requirements: correctly categorizing the case into the correct legal pigeonhole (pleading in the alternative was not permitted), and using specific legal terms and phrases that had been traditional for centuries. Under the old common law pleading standards, a suit by a
4160:(based on a survey of 2882 contracts, "New York law plays a role for major corporate contracts similar to the role Delaware law plays in the limited setting of corporate governance disputes. ... New York's dominance is striking. It is the choice of law in approximately 46 percent of contracts", and if merger contracts excluded, over half).
4757:, 257 U.S. 419, 432 (1922), Justice Holmes wrote "When a case is said to be governed by foreign law or by general maritime law that is only a short way of saying that for this purpose the sovereign power takes up a rule suggested from without and makes it part of its own rules," and adopted a rule from without to decide the case.
3284:, 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer.
1317:(typically, actions directed against a person; these can affect a person's rights and, since a person often owns things, his property too) used by Bracton had a lasting effect and laid the groundwork for a return of Roman law structural concepts in the 18th and 19th centuries. Signs of this can be found in Blackstone's
1672:
916:
create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on the boundaries within which their
5109:
2967:
Ghana, after independence, did not do away with the common law system inherited from the
British, and today it has been enshrined in the 1992 Constitution of the country. Chapter four of Ghana's Constitution, entitled "The Laws of Ghana", has in Article 11(1) the list of laws applicable in the state.
2757:
Criminal law is uniform throughout Canada. It is based on the federal statutory
Criminal Code, which in addition to substance also details procedural law. The administration of justice are the responsibilities of the provinces. Canadian criminal law uses a common law system no matter which province a
1806:
On the other hand, on issues of law, common law courts regularly raise new issues (such as matters of jurisdiction or standing), perform independent research, and reformulate the legal grounds on which to analyze the facts presented to them. The United States
Supreme Court regularly decides based on
1479:
in his famous article, "The Path of the Law", commented, "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from
1333:
The "ancient unwritten universal custom" view was the foundation of the first treatises by
Blackstone and Coke, and was universal among lawyers and judges from the earliest times to the mid-19th century. However, for 100 years, lawyers and judges have recognized that the "ancient unwritten universal
949:
clause, because of the deep body of law in
Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California),
870:
decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable
3804:
Stuart Speiser, et al., The American Law of Torts, §§ 1:2, 1:5, and 1:6, Thomson Reuters (2013) (describing common law development of tort law in England and the United States, and the "little reluctance to overrule (or disapprove statements in) decisions in tort law either now deemed wrong or
2963:
Ghana follows the English common law tradition which was inherited from the British during her colonisation. Consequently, the laws of Ghana are, for the most part, a modified version of imported law that is continuously adapting to changing socio-economic and political realities of the country. The
2946:
in 1809, however the Dutch colonies in the Cape of Good Hope and Sri Lanka, at the time called Ceylon, were seized by the British to prevent them being used as bases by the French Navy. The system was developed by the courts and spread with the expansion of British colonies in Southern Africa. Roman
1798:
The proceeding in the inquisitorial system is essentially by writing. Most of the witnesses would have given evidence in the investigation phase and such evidence will be contained in the dossier under the form of police reports. In the same way, the accused would have already put his or her case at
1794:
in which an examining magistrate serves two roles by first developing the evidence and arguments for one side and then the other during the investigation phase. The examining magistrate then presents the dossier detailing his or her findings to the president of the bench that will adjudicate on the
936:
This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with the United States. Commercial contracts almost always include a "choice
388:
In a common law jurisdiction several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various
4199:
London is also forum for many defamation cases, because UK law is more plaintiff-friendly—in the United States, the First Amendment protection for freedom of the press allows for statements concerning public figures of questionable veracity, where in the UK, those same statements support a judgment
2721:
is considered a separate jurisdiction with respect to case law. Each has its own procedural law in civil matters, statutorily created provincial courts and superior trial courts with inherent jurisdiction culminating in the Court of Appeal of the province. These Courts of Appeal are then subject to
2492:
Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution. Outside
2249:
were resolving disputes learnedly in accordance with Dutch customary law. On Long Island, Staten Island, and in Westchester, on the other hand, English courts were administering a crude, untechnical variant of the common law carried from Puritan New England and practiced without the intercession of
2181:
akin to that already established in England thereby reflecting a narrower, more modern approach to the application of case law in subsequent instances. This is not to say that the substantive rules of the common laws of both countries are the same, but in many matters (particularly those of UK-wide
1434:
Yet, adoption of the common law in the newly independent United States was not a foregone conclusion, and was controversial. Immediately after the American Revolution, there was widespread distrust and hostility to anything British, and the common law was no exception. Jeffersonians decried lawyers
953:
Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to the prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the
1734:
The primary contrast between the two systems is the role of written decisions and precedent as a source of law (one of the defining features of common law legal systems). While Common law systems place great weight on precedent, civil law judges tend to give less weight to judicial precedent. For
1651:
One of the major reforms of the late 19th century and early 20th century was the abolition of common law pleading requirements. A plaintiff can initiate a case by giving the defendant "a short and plain statement" of facts that constitute an alleged wrong. This reform moved the attention of courts
1459:
Well into the 19th century, ancient maxims played a large role in common law adjudication. Many of these maxims had originated in Roman Law, migrated to England before the introduction of Christianity to the British Isles, and were typically stated in Latin even in English decisions. Many examples
1419:
of the new nation. Reception statutes generally consider the English common law dating prior to independence, and the precedent originating from it, as the default law, because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a
1378:
the unwritten law derived its authority from immemorial usage and 'universal reception throughout the kingdom' While its precise meaning may have changed since Blackstone's time, in modern usage it is generally understood to mean law that is independent of statutes. This was repeated by the United
915:
famously expressed it, "in most matters it is more important that the applicable rule of law be settled than that it be settled right." This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and
679:
is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw", while private sector publishers often add indexing, including references to the key principles of the common law involved, editorial analysis, and similar
507:
One example of the gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful
2741:
Canadian Federal Courts operate under a separate system throughout Canada and deal with narrower range of subject matter than superior courts in each province and territory. They only hear cases on subjects assigned to them by federal statutes, such as immigration, intellectual property, judicial
2457:
rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs, or financial instruments issued by the federal government. Except on Constitutional issues, and some procedural issues, Congress is
1802:
In contrast, in an adversarial system, on issues of fact, the onus of framing the case rests on the parties, and judges generally decide the case presented to them, rather than acting as active investigators, or actively reframing the issues presented. "In our adversary system, in both civil and
846:
Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of
619:
is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature
3876:
There is an old principle of law that every right has a remedy, which comes from an age when statutes often did little more than identify a legal wrong, leaving it to the common law to supply a remedy. But the courts extended this approach to infer a private cause of action even when the statute
1484:
The life of the law has not been logic; it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow men, have had a good deal more to do than the
1274:
The term "common law" is often used as a contrast to Roman-derived "civil law", and the fundamental processes and forms of reasoning in the two are quite different. Nonetheless, there has been considerable cross-fertilization of ideas, while the two traditions and sets of foundational principles
910:
The reliance on judicial opinion is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict
3926:
The object of genuine interpretation is to discover the rule which the law-maker intended to establish; to discover the intention with which the law-maker made the rule, or the sense which he attached to the words wherein the rule is expressed...the object of spurious interpretation is to make,
1763:
in the French civil law tradition. Civil law codes must be changed constantly because the precedent of courts is not binding and because courts lack authority to act if there is no statute. There are regular, good quality law reports in France, but it is not a consistent practice in many of the
670:
After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States federal courts
645:
overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather, the most important factor in the boundary would be the nature of the thing sold and the
522:
court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw a line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual
4819:
at the time of the founding or is at least analogous to one that was. If the action in question belongs in the law category, we then ask whether the particular trial decision must fall to the jury in order to preserve the substance of the common-law right as it existed in 1791." (citations and
4169:
Eisenberg & Miller at 19–20 (Delaware is chosen in about 15% of contracts, "Delaware dominates for one type of contract— trust agreements. ... The dominance of Delaware for this specialized type of contract is apparently due to the advantages and flexibility which Delaware's business trust
1775:
tend to give more weight to separation of powers between the judicial branch and the executive branch. In contrast, civil law systems are typically more tolerant of allowing individual officials to exercise both powers. One example of this contrast is the difference between the two systems in
1568:
procedurally separated law and equity: the same judges could hear either kind of case, but a given case could only pursue causes in law or in equity, and the two kinds of cases proceeded under different procedural rules. This became problematic when a given case required both money damages and
961:
This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when the legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be
654:
are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes.
3607:
the common law comprises the body of those principles and rules of action ... which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense,
927:
are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have a strong allegiance to a large body of
1398:
The term "judge made law" comes from Jeremy Bentham and the modern practice of adjudication as application of precedent derived from case law begins with Jeremy Bentham's attack on the legitimacy of the common law. The modern legal practice of applying case law as precedent made obsolete the
540:
that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such a character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly
2808:
in reviewing and if necessary overturning legislative and executive decisions, as well as employing the adversarial system. However, because Israel has no written constitution, basic laws can be changed by a vote of 61 out of 120 votes in the parliament. One of the primary reasons that the
726:
famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. Pound comments that critics of judicial lawmaking are not always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial
2189:
with England, Wales and Northern Ireland for civil cases; the court's decisions are binding on the jurisdiction from which a case arises but only influential on similar cases arising in Scotland. This has had the effect of converging the law in certain areas. For instance, the modern UK
557:
court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud".
1032:. The plea rolls, which were the official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in
3309:(1803) ("It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.")
2473:(allowing them to hear cases between parties from different states) had to apply the statutory law of the states, but not the common law developed by state courts. Instead, the Supreme Court permitted the federal courts to make their own common law based on general principles of law.
1184:
The king's object was to preserve public order, but providing law and order was also extremely profitable – cases on forest use as well as fines and forfeitures can generate "great treasure" for the government. Eyres (a Norman French word for judicial circuit, originating from Latin
495:
The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and
1130:
king. Among many achievements, Henry institutionalized common law by creating a unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a
5842:
According to Article 11(2) of Ghana's Constitution, the common law of Ghana shall comprise the rule of law generally known as the common law, the rules generally known as the doctrine of equity and the rules of customary law, including those determined by the Superior Court of
1036:, by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from the 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center).
5832:
This states that "the common law, the doctrines of equity, and Statutes of general application which were in force in England at the date when the colony obtained a local legislature, that is to say, on the 24th of July 1874, shall be in force within the jurisdiction of the
3414:, 8 December 2008:, retrieved on 7 November 2009. "2. The system of law originated and developed in England and based on prior court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than codified written law. Contrast: CIVIL LAW."
624:
Cardozo's new "rule" exists in no prior case, but is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger".
2628:
along with an Executive Council in India, which consisted of high officials of the British Government. As a result, the present judicial system of the country derives largely from the British system and has little correlation to the institutions of the pre-British era.
993:. A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, and large landholders also held their own manorial and seigniorial courts as needed. The degree to which common law drew from earlier
6244:
1168:. Henry II developed the practice of sending judges (numbering around 20 to 30 in the 1180s) from his Curia Regis to hear the various disputes throughout the country, and return to the court thereafter. The king's itinerant justices would generally receive a
635:, that "absurd and outrageous consequences" must be avoided, and he does so by drawing a new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that
1176:
basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and the decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as
1291:, as well as the early royal common law judges, had been well accustomed with Roman law. Often, they were clerics trained in the Roman canon law. One of the first and throughout its history one of the most significant treatises of the common law, Bracton's
1508:
Reliance on old maxims is now deprecated. Common law decisions today reflect both precedent and policy judgment drawn from economics, the social sciences, business, decisions of foreign courts, and the like. The degree to which these external factors
811:
Court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies are sometimes called "interstitial common law," which includes judicial interpretation of fundamental laws, such as the
767:
Just as longstanding is the principle that "tatutes which invade the common law ... are to be read with a presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident.
649:
The example of the evolution of the law of negligence in the preceding paragraphs illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The
3083:, collect the common law for the area. The ALI Restatements are often cited by American courts and lawyers for propositions of uncodified common law, and are considered highly persuasive authority, just below binding precedential decisions. The
2236:
was settled by the Dutch and the law was also Dutch. When the English captured pre-existing colonies they continued to allow the local settlers to keep their civil law. However, the Dutch settlers revolted against the English and the colony was
1480:
blind imitation of the past." Justice Holmes noted that study of maxims might be sufficient for "the man of the present", but "the man of the future is the man of statistics and the master of economics". In an 1880 lecture at Harvard, he wrote:
512:). Thus, only the immediate purchaser could recover for a product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case,
317:
Until the early 20th century common law was widely considered to derive its authority from ancient customs of the Anglo-Saxon. Well into the 19th century, common law was still defined as an ancient, unwritten law in legal dictionaries including
932:
guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties.
2511:
Most executive branch agencies in the United States federal government have some adjudicatory authority. To greater or lesser extent, agencies honor their own precedent to ensure consistent results. Agency decision making is governed by the
1827:
during their deliberations. To avoid lack of notice, courts may invite briefing on an issue to ensure adequate notice. However, there are limits—an appeals court may not introduce a theory that contradicts the party's own contentions.
871:
only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that the old decision is right, and that it is not sufficiently wrong to be overruled.
587:. If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it is to injure or destroy. But whatever the rule in
4881:
The remainder of the "common law" discussed in the rest of the article remained intact; all that was abolished were the highly technical requirements for language of the paper provided by the plaintiff to the defendant to initiate a
599:, supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function is destruction. What is true of the coffee urn is equally true of bottles of aerated water (
2938:. Many of these jurisdictions recognise customary law, and in some, such as South Africa the Constitution requires that the common law be developed in accordance with the Bill of Rights. Roman Dutch common law is a development of
2376:
derived from civil law. The California courts have treated portions of the codes as an extension of the common-law tradition, subject to judicial development in the same manner as judge-made common law. (Most notably, in the case
1542:. By their nature, equity and law were frequently in conflict and litigation would frequently continue for years as one court countermanded the other, even though it was established by the 17th century that equity should prevail.
2653:
retained its common law system. Much of contemporary Indian law shows substantial European and American influence. Legislation first introduced by the British is still in effect in modified form today. During the drafting of the
491:
noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "ts method is inductive, and it draws its generalizations from particulars".
1754:, adopted new legal codes. Some of the codes introduced problems which the judiciary was not empowered to adjudicate under the established principles of the common law of contracts - they could only apply the code as written.
4900:
E.g., Federal Rule of Civil Procedure, Rule 1, civil procedure rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and
1897:
held that questions it has already answered need not be resubmitted. This showed how a historically distinctly common law principle is used by a court composed of judges (at that time) of essentially civil law jurisdiction.
886:
has the authority to overrule and unify criminal law decisions of lower courts; it is the final court of appeal for civil law cases in all three of the UK jurisdictions, but not for criminal law cases in Scotland, where the
552:
court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of the ordinary usage to be contemplated by the vendor". However, held the
5806:(1962). Boahen, however, submits that the Bond of 1844 is not as important as held by some Ghanaian historians. He further posits that it cannot be the Magna Carta of Ghana or the basis for British rule or law – see Boahen
1321:, and Roman law ideas regained importance with the revival of academic law schools in the 19th century. As a result, today, the main systematic divisions of the law into property, contract, and tort (and to some extent
1525:
As early as the 15th century, it became the practice that litigants who felt they had been cheated by the common law system would petition the King in person. For example, they might argue that an award of damages (at
6260:
532:, when New York's highest court held that mislabeling a poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger".
400:
are binding on lower courts in the same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law,
3026:
and first published in 1765–1769. Since 1979, a facsimile edition of that first edition has been available in four paper-bound volumes. Today it has been superseded in the English part of the United Kingdom by
1282:
in Europe in the 12th and 13th centuries, the common law had already developed far enough to prevent a Roman law reception as it occurred on the continent. However, the first common law scholars, most notably
3854:
E. Allen Farnsworth, Farnsworth on Contracts, § 1.7, Aspen (2004) (although certain fields of contract law have been modified by statute, "judicial decisions the dominant primary source of contract
754:
The presumption is that legislatures may take away common law rights, but modern jurisprudence will look for the statutory purpose or legislative intent and apply rules of statutory construction like the
486:
cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in the emergence of a consensus from a multitude of particularized prior decisions".
4769:, 543 U.S. 551 (2005) (holding unconstitutional to impose capital punishment for crimes committed while under the age of 18, based on "evolving standards of decency", largely based on other nations' law)
5792:
The Bond was a pact between the British and some chiefs from the southern states of the Gold Coast under which British protection was extended to the signatories in exchange for judicial authority over
1564:, with cases heard by a jury upon either party's request) and equity (fashioning a remedy to fit the situation, including injunctive relief, heard by a judge) survived well into the 20th century. The
4227:
include a Year Books series and other volumes transcribing and translating the original manuscripts of early common law cases and law reports, each volume having its editor's scholarly introduction.
2274:
continued in the colony well into the late 19th century. The codification of a law of general obligations shows how remnants of the civil law tradition in New York continued on from the Dutch days.
1411:
is a statutory law adopted as a former British colony becomes independent, by which the new nation adopts (i.e. receives) pre-independence common law, to the extent not explicitly rejected by the
3674:, who contended that "a statute very seldom can take in all cases; therefore the common law, that works itself pure by rules drawn from the fountain of justice, is for that reason superior to an
2111:). Essentially, every country that was colonised at some time by England, Great Britain, or the United Kingdom uses common law except those that were formerly colonised by other nations, such as
2445:
was limited to some jurisdictions stated in the Constitution, such as admiralty, and possibly some areas that may not be the traditional jurisdiction of state law. Later courts have limited
1489:
in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the
2368:
in the 19th century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states. California and a number of other
4815:
when the Amendment was adopted. In keeping with our longstanding adherence to this 'historical test', we ask, first, whether we are dealing with a cause of action that either was tried at
1337:
West's encyclopedia of American law, defines common law as "The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts."
5869:, 217 N.Y. 382, 111 N.E. 1050 (N.Y. 1916) (adjudicating the tort of negligence that existed in no statute, and expanding the law to cover parties that had never been addressed by statute)
5168:
2306:, as the state's current territory intersects the area of North America colonized by Spain and by France. Contrary to popular belief, the Louisiana code does not directly derive from the
5770:
The common law as used in this paper designates the English common-law as a legal tradition which is made up of law (generally referred to as the common law), and the doctrine of equity.
3239:
is contrasted with a number of other terms. First, in denoting the body of judge-made law based on that developed in England... erhaps most commonly within Anglo-American jurisdictions,
3987:, 96 U.S. 76 (1877) ("No doubt a statute may take away a common law right, but there is always a presumption that the legislature has no such intention unless it be plainly expressed.")
2947:
Dutch common law relies on legal principles set out in Roman law sources such as Justinian's Institutes and Digest, and also on the writing of Dutch jurists of the 17th century such as
118:
The common law, so named because it was "common" to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the
2981:
1475:
Reliance on old maxims and rigid adherence to precedent, no matter how old or ill-considered, came under critical discussion in the late 19th century, starting in the United States.
981:
The common law—so named because it was "common" to all the king's courts across England—originated in the practices of the courts of the English kings in the centuries following the
2746:
is the appellate court for federal courts and hears cases in multiple cities; unlike the United States, the Canadian Federal Court of Appeal is not divided into appellate circuits.
1764:
existing civil law jurisdictions. In French-speaking colonial Africa there were no law reports and what little we know of those historical cases comes from publication in journals.
518:, the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The
4790:
Lobban, Michael "Preparing for Fusion: Reforming the Nineteenth-Century Court of Chancery, Part II | year=2004 | work=Law and History Review, 2004 (University of Illinois Press) .
4200:
for libel. This relative weakness of protection for freedom of speech led the United States to limit enforcement of foreign (in particular, English) defamation judgements in the
3881:
which imposed some limits on inferring a private cause of action, and then shifting to legislative intent test...Justice Lewis Powell put it most forthrightly in his dissent in
3349:; the general Anglo-American system of legal concepts, together with the techniques of applying them, that form the basis of the law in jurisdictions where the system applies...
2769:'s legal system is also a mixture of the English Common Law and Civil Law. This situation was brought through the influence of British administration of the Eastern half of the
4987:
It is characteristic of the common law to adopt an approach based "on precedent, and on the development of the law incrementally and by analogy with established authorities".
1961:
1831:
There are many exceptions in both directions. For example, most proceedings before U.S. federal and state agencies are inquisitorial in nature, at least the initial stages (
4134:
appeals designated precedential by PTAB", IPWatchdog (27 September 2015). Various lower tribunals in the Patent Office give very weak respect to earlier superior decisions.
1189:) are more than just courts; they would supervise local government, raise revenue, investigate crimes, and enforce feudal rights of the king. There were complaints of the
1383:: "It is too plain for argument that the common law is here spoken of, in its appropriate sense, as the unwritten law of the land, independent of statutory enactments".
5144:
5063:
2250:
lawyers. When the English finally regained control of New Netherland they imposed common law upon all the colonists, including the Dutch. This was problematic, as the
1648:("for oneself", without a lawyer) party was all but impossible, and there was often considerable procedural jousting at the outset of a case over minor wording issues.
392:
In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular
1220:. Henry nevertheless continued to exert influence in any ecclesiastical case which interested him and royal power was exercised more subtly with considerable success.
5534:
2340:
Historically notable among the Louisiana code's differences from common law is the role of property rights among women, particularly in inheritance gained by widows.
1862:(since 1812, U.S. federal courts and most but not all of the states have held that criminal law must be embodied in statute if the public is to have fair notice),
4891:
E.g., Federal Rule of Civil Procedure, Rule 4, a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief".
5365:
891:
has this power instead (except on questions of law relating to reserved matters such as devolution and human rights). From 1966 to 2009, this power lay with the
575:
a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held:
5571:
3541:
2294:
between private sector parties—is based on principles of law from continental Europe, with some common law influences. These principles derive ultimately from
2158:
1387:
851:(that is, all active judges of the court) or by a higher court. In these courts, the older decision remains controlling when an issue comes up the third time.
696:
that did not exist in the common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are
3877:
already provided specific (often administrative) remedies. The Court has recently retreated from an expansive inference of private remedies, first adopting a
2817:
is the fear by whatever party holds power that creating a written constitution, combined with the common-law elements, would severely limit the powers of the
1212:. The murder of the archbishop gave rise to a wave of popular outrage against the King. International pressure on Henry grew, and in May 1172 he negotiated a
5888:
4820:
quotations omitted, holding that interpretation of the scope of a patent had no analogy in 1790, and is thus a question to be decided by a judge, not a jury)
1588:
The states of Delaware, Illinois, Mississippi, South Carolina, and Tennessee continue to have divided courts of law and courts of chancery, for example, the
4049:, 19 USPQ2d 1211, 1214 (Bd. Patent App. & Interf. 1991) (explaining the hierarchy of precedent binding on tribunals of the United States Patent Office).
1505:, and extensive appendices presenting facts that lead a judge to the advocate's conclusion. By this time, briefs relied more on facts than on Latin maxims.
1468:), rights are reciprocal to obligations, and the like. Judicial decisions and treatises of the 17th and 18th centuries, such as those of Lord Chief Justice
5268:
5093:
4962:
4033:) (after the Eleventh Circuit was split off from the Fifth Circuit, adopting precedent of Fifth Circuit as binding until overruled by the Eleventh Circuit
3639:, 19 USPQ2d 1211, 1214 (Bd. Patent App. & Interf. 1991) (explaining the hierarchy of precedent binding on tribunals of the United States Patent Office)
2749:
Canadian federal statutes must use the terminology of both the common law and civil law for civil matters; this is referred to as legislative bijuralism.
1530:) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of
3094:
covers matters including murder and theft, and has sources in custom, in legal writings and previous court decisions. The legal writings used are called
2658:, laws from Ireland, the United States, Britain, and France were all synthesized to produce a refined set of Indian laws. Indian laws also adhere to the
1582:
6355:
5038:
2104:
1714:
Common law systems trace their history to the English common law, while civil law systems trace their history through the Napoleonic Code back to the
6246:
No Part of the Mother Country, but Distinct Dominions – Law, State Formation and Governance in England, Massachusetts and South Carolina, 1630–1769
5664:
2777:
period from about 1855 through 1857, US interventions/occupations during the period from 1909 to 1933, the influence of US institutions during the
3278:"The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified,"
3003:(MP), wrote several legal texts that collected and integrated centuries of case law. Lawyers in both England and America learned the law from his
603:, 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In
1835:, a patent examiner, a social security hearing officer, and so on), even though the law to be applied is developed through common law processes.
1427:
Other examples of reception statutes in the United States, the states of the U.S., Canada and its provinces, and Hong Kong, are discussed in the
5176:
5041:
In the common talk among lawyers, it has even been said that in the Civil Law system legislators are almost like gods, and judges not even men."
4838:
3407:
962:
somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read.
5904:
5756:
4606:
Congressional Record: Proceedings and Debates of the ... Congress. United States, U.S. Government Printing Office, 1967, p 15876
780:, 501 U.S. at 108. In order to abrogate a common-law principle, the statute must "speak directly" to the question addressed by the common law.
4190:
2733:, which uses a French-heritage civil law system for issues arising within provincial jurisdiction, such as property ownership and contracts).
716:
described as an essentially legislative function. As legislation became more comprehensive, courts began to operate within narrower limits of
629:
takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of
4811:, 517 U.S. 370, 376 (1996) ("e have understood that the right of trial by jury thus preserved is the right which existed under the English
4179:
Eisenberg & Miller at 19, only about 5% of commercial contracts designate California choice of law, where nearly 50% designate New York.
2513:
2326:
1581:. The distinction survives to the extent that issues that were "common law (as opposed to equity)" as of 1791 (the date of adoption of the
1039:
The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition,
91:(also called "positive law") are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The
5726:
2493:
diversity jurisdiction and when there is no federal statute, post-Erie federal courts have continued to create causes of action. Justice
3472:(common law court "decisions are themselves law, or rather the rules which the courts lay down in making the decisions constitute law.")
523:
relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party.
3087:
is an encyclopedia whose main content is a compendium of the common law and its variations throughout the various state jurisdictions.
3503:
6392:
5208:
4127:
4110:
3885:
where he stated that the Article III judicial power did not include the power to imply private causes of action from silent statutes.
2804:
and thus resemble those of British and American law, namely: the role of courts in creating the body of law and the authority of the
1231:
to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in the Great Hall of the king's
5325:
2942:
by courts in the Roman Dutch common law jurisdictions. During the Napoleonic wars the Kingdom of the Netherlands adopted the French
7607:
5898: (1943) (giving federal courts the authority to fashion common law rules with respect to issues of federal power, in this case
2216:
1592:. In New Jersey, the appellate courts are unified, but the trial courts are organized into a Chancery Division and a Law Division.
892:
855:
840:
43:
Legal systems of the world. Common law countries are in several shades of pink, corresponding to variations in common law systems.
3557:
3487:
3306:
3190:
2781:
administrations (1933 through 1979) and the considerable importation between 1979 and the present of US culture and institutions.
396:, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by
3052:, which remains a classic in the field. Unlike Blackstone and the Restatements, Holmes' book only briefly discusses what the law
712:
At earlier stages in the development of modern legal systems and government, courts exercised their authority in performing what
595:, supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn (
6428:
6387:
4936:
2645:
is the longest written constitution for a country, containing 395 articles, 12 schedules, numerous amendments and 117,369 words.
2177:
and fairness have always played a role in Scots Law. From the 19th century, the Scottish approach to precedent developed into a
1652:
from technical scrutiny of words to a more rational consideration of the facts, and opened access to justice far more broadly.
1451:
1033:
663:
All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in
5023:"5. The judges are forbidden to pronounce, by way of general and legislative determination, on the causes submitted to them."
161:
respectively. In legal systems that follow the common law, judicial precedent stands in contrast to and on equal footing with
6293:
6254:
6233:
6181:
6162:
6140:
6114:
6091:
6060:
5883:
4920:
4347:
4329:
4149:
The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies' Contracts
3000:
2245:
had two distinct legal systems: on Manhattan Island and along the Hudson River, sophisticated courts modeled on those of the
4913:
The Plurality and Synergies of Legal Traditions in International Arbitration: Looking Beyond the Common and Civil Law Divide
2169:
was subject to the courts' seeking to discover the principle that justifies a law rather than searching for an example as a
1843:
The contrast between civil law and common law legal systems has become increasingly blurred, with the growing importance of
985:
in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various
5543:
3035:
1311:
or property for the purpose of gaining title to that property; must be filed in a court where the property is located) and
1251:
571:
for New York's highest court pulled a broader principle out of these predecessor cases. The facts were almost identical to
3688:
3120:
5262:
4645:
4025:
in relevant part) (explaining order of precedent binding on the United States Court of Appeals for the Federal Circuit);
3264:
1. The body of law derived from judicial decisions, rather than from statutes or constitutions; CASE LAW STATUTORY LAW.
3018:
2989:
2718:
2212:
2186:
1923:
1165:
1156:(king's court), the body of aristocrats and prelates who assisted in the administration of the realm and the ancestor of
883:
808:, because the statute did not affirmatively require statutory solemnization and was silent as to preexisting common law.
5908:, 248 U.S. 215 (1918) (creating a cause of action for misappropriation of "hot news" that lacks any statutory grounding)
5646:
2262:
of its law in the 19th century. The only part of this codification process that was considered complete is known as the
1501:, later appointed to the United States Supreme Court, became noted for his use of policy-driving facts and economics in
6039:
4868:
4240:
3280:
3039:
3005:
2616:
to this effect, which set up the structure of British government in India. It established in Britain the office of the
2246:
1438:
For several decades after independence, English law still exerted influence over American common law—for example, with
1351:
1013:– all of which were incorporated into the Norman common law – is still a subject of much discussion. Additionally, the
793:
257:
5582:
2211:
being the final court for criminal appeals. The highest court of appeal in civil cases brought in Scotland is now the
607:(26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in
7033:
6591:
6490:
6018:
5999:
5969:
5360:
4557:
3381:
3228:
2886:
2557:
represented a distinct tradition of law, and had a historically independent school of legal theory and practice. The
470:
5619:
5378:
D'Oench, Duhme & Co. v. FDIC, 315 US 447, 472 (1942), Jackson, J., concurring. Cited in Bradley, Curtis A.
3619:
Jane Kent Gionfriddo, Thinking Like a Lawyer: The Heuristics of Case Synthesis, 40 Texas Tech. L.Rev. 1 (Sep. 2007)
3539:
2868:
452:
7147:
7016:
5779:
Obiri-Korang P "Private international law of contract in Ghana: the need for a paradigm shift" (2017) P 8; Quansah
5393:
Ristau's International Judicial Assistance: A Practitioner's Guide to International Civil and Commercial Litigation
5024:
2743:
2574:
2334:
2258:
and civil law, continued to operate in the colony until it was abolished in the mid-19th century. New York began a
2076:
1871:
1570:
1157:
1018:
911:
whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As
122:
in 1066. England spread the English legal system across the British Isles, first to Wales, and then to Ireland and
5679:
5542:(Speech). International Conference of the Presidents of the Supreme Courts of the World. Abu Dhabi. Archived from
3666:
The beneficial qualities of the common law's incrementalist evolution was most eloquently expressed by the future
2222:
1301:. The impact of Roman law had decreased sharply after the age of Bracton, but the Roman divisions of actions into
1135:
system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its
7602:
6949:
6850:
5925:"hot news" tort under New York state law, but leaving open the question of whether it survives under federal law)
5250:
4153:
3069:
2499:
1224:
1216:
in which the King swore to go on crusade as well as effectively overturned the more controversial clauses of the
902:, avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts.
836:
364:
5091:
4966:
2592:, there was a break in tradition, and Hindu and Islamic law were supplanted by the common law. After the failed
1585:) are still subject to the right of either party to request a jury, and "equity" issues are decided by a judge.
7109:
6743:
6216:
6202:
5559:
India, being a common law country, derives most of its modern judicial framework from the British legal system.
2864:
2520:
1989:
437:
213:
177:
4130:
issues very few of its decisions in precedential form. Kate Gaudry & Thomas Franklin, "Only one in 20,631
1890:
1232:
6462:
3028:
2569:, from 100 CE, were influential treatises in India, texts that were considered authoritative legal guidance.
727:
reluctance to sweep broadly and employ case law as a means to redress certain challenges to established law.
641:
563:
5606:
3878:
7269:
6748:
2617:
2613:
2450:
1565:
671:
relied on private publishers until after the Civil War, and only began publishing as a government function
253:
123:
77:. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases.
4414:
1102:
7264:
5363:, in which Congress had attempted to redefine the court's jurisdiction to decide constitutional issues);
2860:
2774:
2466:
320:
3724:
747:
once wrote that the canon "no longer has any foundation in reason". It is generally associated with the
7239:
6738:
3787:
2601:
2092:
1968:, Dominica, Grenada, Jamaica, St Vincent and the Grenadines, Saint Kitts and Nevis, Trinidad and Tobago
1589:
1402:
1295:(On the Laws and Customs of England), was heavily influenced by the division of the law in Justinian's
1217:
131:
17:
6360:
5315:
William Nelson, Legal Turmoil in a Factious Colony: New York, 1664–1776, 38 Hofstra L. Rev. 69 (2009).
4834:
1345:
The first attempt at a comprehensive compilation of centuries of common law was by Lord Chief Justice
7322:
5244:
4244:
4216:
3805:
inadvisedly considered" and disinclination toward any contention that change must be by legislation).
3159:
3154:
3043:
2822:
2625:
2045:
1894:
1875:
1859:
1813:
1517:
draw on experience and learning from everyday life, from other fields, and from other jurisdictions.
1476:
990:
728:
672:
483:
360:
326:
278:
249:
5938:: "Federal common law implements the federal Constitution and statutes, and is conditioned by them."
3293:
Karl Llewellyn, The Common Law Tradition: Deciding Appeals at 77–87, Little, Brown, Boston MA (1960)
3013:
until the end of the 18th century. His works are still cited by common law courts around the world.
2481:, and instead held that federal courts exercising diversity jurisdiction had to use all of the same
1362:(1600–1615), 'the grounds of our common laws' were 'beyond the memorie or register of any beginning.
7117:
7099:
5355:
5298:
5233:
opinion gives an extensive catalog of cases in which the Court permissibly sought outside briefing.
3763:
2849:
2593:
2384:
2361:
2208:
1787:
1684:
1666:
1386:
More specifically, in modern usage, this is understood to mean law that is made by judges, not the
1209:
954:
depth of decided cases. For example, London is considered the pre-eminent centre for litigation of
942:
888:
717:
307:
166:
84:
44:
7451:
5005:
Garoupa, Nuno; Liguerre, Carlos Gomez (2011). "The Syndrome of the Efficiency of the Common Law".
4267:
2333:
is generally in line with that of other U.S. states, which in turn is generally based on the U.S.
2130:
The remainder of this section discusses jurisdiction-specific variants, arranged chronologically.
7492:
7279:
6768:
6753:
6313:
6079:
4720:
3373:
3216:
3048:
2853:
2805:
2671:
2396:
2096:
1915:
1867:
1461:
1213:
448:
181:
6400:
6083:
4795:
3220:
7690:
7685:
7547:
7532:
6412:
3080:
3076:
2984:
2814:
2810:
2793:
2470:
2388:
2238:
2223:
The United States – its states, federal courts, and executive branch agencies (17th century on)
2030:
1858:
Examples of common law being replaced by statute or codified rule in the United States include
1823:
that served as the foundation for their arguments, but which led the Supreme Court to overturn
1200:
Henry II's creation of a powerful and unified court system, which curbed somewhat the power of
631:
158:
134:
that give great weight to judicial precedent, and to the style of reasoning inherited from the
5819:
Asante "Over a hundred years of a national legal system in Ghana: a review and critique" 1988
5645:
Branch, Government of Canada, Department of Justice, Legislative Services (14 November 2008).
4228:
3620:
3404:
1242:
Judge-made common law operated as the primary source of law for several hundred years, before
536:
relied on this reason to create an exception to the "privity" rule. In 1909, New York held in
416:
7651:
7244:
6922:
6733:
6341:
6223:
6050:
6029:
5899:
5892:
5730:
5495:
5272:
3149:
3084:
2801:
2675:
2642:
2392:
2369:
2201:
1919:
1243:
1204:(church) courts, brought him (and England) into conflict with the church, most famously with
1140:
1111:
514:
39:
4073:
4045:. The Eleventh Circuit decides in this case that it chooses, and will follow, this rule.");
2127:
of the local colonists. Guyana and Saint Lucia have mixed common law and civil law systems.
1424:, have either implemented reception statutes or adopted the common law by judicial opinion.
7372:
6718:
6303:
4862:
4858:
3510:
2379:
2287:
2196:
2148:
2061:
1791:
1717:
1637:
1513:
influence adjudication is the subject of active debate, but it is indisputable that judges
1465:
1297:
1055:
994:
744:
528:
341:
Many notable writers eventually adopted the modern definition of common law as case law or
4107:
3483:
Alphabetical Index of the 192 United Nations Member States and Corresponding Legal Systems
3188:
Alphabetical Index of the 192 United Nations Member States and Corresponding Legal Systems
8:
7680:
7527:
6667:
6584:
6346:
6281:
6124:
5064:"The Advantages of the Civil Law Judicial Design as the Model for Emerging Legal Systems"
4655:
4339:
4255:
3079:
of various subject matter areas (Contracts, Torts, Judgments, and so on.), edited by the
2911:
2655:
2494:
2154:
2040:
1520:
1123:
805:
509:
99:
to bind future judges and litigants, unless overturned by subsequent developments in the
6335:
6307:
5701:
4037:: "The Fifth followed the absolute rule that a prior decision of the circuit (panel or
130:. Many former colonies retain the common law system today. These common law systems are
7342:
7001:
6855:
6840:
6818:
6562:
6542:
6495:
6485:
6285:
6103:
6072:
5975:
5895:
5530:
4854:
4753:
Foreign influence over American law is not new; only the controversy. For example, in
4703:
4398:
4287:
3917:
3561:
3485:
3463:
3366:
3209:
3187:
3125:
3023:
2597:
2454:
2442:
2418:
2408:
2373:
2357:
2322:
2311:
2259:
2084:
2020:
1965:
1780:
1688:
1375:
1284:
1091:
776:, 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate.
756:
689:
402:
372:
335:
311:
229:
185:
6337:
The History of the Common Law of England, and An analysis of the civil part of the law
4213:
Documents from Medieval and Early Modern England from the National Archives in London.
3837:
1600:
For centuries, through to the 19th century, the common law acknowledged only specific
1578:
7327:
7249:
7087:
6830:
6825:
6778:
6703:
6697:
6537:
6455:
6434:
6382:
6377:
6317:
6289:
6250:
6229:
6212:
6198:
6177:
6158:
6136:
6110:
6087:
6056:
6035:
6014:
5995:
5979:
5965:
5935:
5758:
Basic Law Legislation: The Basic Law that can Make or Break Israeli Constitutionalism
5658:
5447:
5275:
4940:
4916:
4791:
4553:
4403:
A Concise History of the Common Law, 5th edition, 1956, London and Boston, pp.260–261
4343:
3675:
3377:
3224:
3130:
3061:
2667:
1929:
1452:
Decline of Latin maxims and "blind imitation of the past", and adding flexibility to
1445:
1428:
1408:
1322:
917:
875:
497:
2207:
Scotland maintains a separate criminal law system from the rest of the UK, with the
1403:
Propagation of the common law to the colonies and Commonwealth by reception statutes
444:
135:
7332:
7299:
6798:
6662:
6657:
6622:
6150:
5957:
5865:(1854) 9 Exch 341 (defining a new rule of contract law with no basis in statute);
5439:
5121:
4992:
4766:
4695:
4651:
4476:
4335:
4279:
3909:
3455:
3139:
2663:
2621:
2554:
2427:
2365:
2283:
2242:
2080:
2035:
1979:
1412:
1288:
1255:
1107:
1075:
938:
912:
879:
817:
693:
676:
568:
488:
410:
397:
245:
237:
205:
176:
Today, one-third of the world's population lives in common law jurisdictions or in
4724:
3997:
1878:
in the 1970s). But in each case, the statute sets the general principles, but the
1595:
1334:
custom" view does not accord with the facts of the origin and growth of the law.
740:
7581:
7554:
7542:
7522:
7456:
7434:
7414:
7409:
7389:
7254:
7234:
7229:
7132:
7092:
6803:
6728:
6652:
6637:
6557:
6416:
6404:
6190:
5989:
5097:
4846:
4842:
4669:
4220:
4157:
4114:
3545:
3491:
3194:
3144:
2972:
as applied in England and other pure common law countries also applies in Ghana.
2939:
2899:
2687:
2570:
2482:
2307:
2291:
2271:
2267:
2174:
2116:
2007:
1885:
An example of convergence from the other direction is shown in the 1982 decision
1743:
1736:
1692:
1550:
1546:
1539:
1535:
1358:
As Sir Edward Coke (1552–1634) put it in the preface to the eighth volume of his
1254:. The early development of case-law in the thirteenth century has been traced to
1087:
1014:
982:
924:
813:
651:
343:
221:
119:
3098:
and come mostly from the 17th, 18th and 19th centuries. Examples include Craig,
180:
that combine the common law with the civil law, including Antigua and Barbuda,
7658:
7466:
7384:
6973:
6939:
6890:
6875:
6647:
6552:
6532:
6522:
6155:
History of the Common Law: The Development of Anglo-American Legal Institutions
6132:
5443:
4572:
4224:
3667:
3115:
2999:, a 17th-century Lord Chief Justice of the English Court of Common Pleas and a
2770:
2659:
2589:
2578:
2544:
2437:
2330:
2233:
2002:
1863:
1819:
1617:
1601:
1502:
1498:
1440:
1194:
1144:
723:
501:
356:
331:
127:
6011:
Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America
5125:
5051:
4204:
of 2010, thus making England and Wales a less attractive forum for such cases.
3648:
Frederic R. Kellog, Law, Morals, and Justice Holmes, 69 Judicature 214 (1986).
3068:, an examination and survey of the common law, is also still commonly read in
1817:, a 1938 case in which neither party questioned the ruling from the 1842 case
1024:
The main sources for the history of the common law in the Middle Ages are the
302:
are called "common law jurisdictions," in contrast with jurisdictions that do
7674:
7512:
7471:
7357:
7337:
7309:
7259:
7224:
7198:
7193:
7186:
7137:
7077:
6917:
6907:
6865:
6788:
6783:
6713:
6672:
6596:
5451:
4850:
4631:
The Politics of the Common Law: Perspectives, Rights, Processes, Institutions
4103:
3558:"Parliament of Barbados: one of the oldest Constitutions in the Commonwealth"
2952:
2778:
2730:
2726:
2605:
2548:
2432:
2299:
2161:), founded on the customary laws of the tribes residing there. Historically,
2112:
1971:
1942:
1844:
1759:
1742:
In some civil law jurisdictions the judiciary does not have the authority to
1696:
1247:
1205:
1063:
955:
946:
801:
406:
201:
189:
146:
100:
92:
79:
3622:
2902:
is a bijuridical or mixed system of law similar to the common law system in
1838:
417:
Common law evolves to meet changing social needs and improved understanding
7644:
7394:
7362:
7317:
7055:
7050:
7021:
6934:
6912:
6880:
6813:
6793:
6687:
6627:
6617:
6569:
6527:
6505:
6448:
6321:
4578:
2948:
2706:
2650:
2582:
2559:
2318:
2314:. However, the two codes are similar in many respects due to common roots.
2303:
2124:
2012:
1808:
1747:
1531:
1416:
1172:
or commission under the great seal. They would then resolve disputes on an
1161:
1040:
713:
701:
697:
393:
368:
295:
291:
225:
112:
5961:
5684:
Loyola of Los Angeles International and Comparative Law Review and Compara
4500:, Swiss Review of International and European Law (SZIER/RSDIE) 5/2007, 24.
4108:
A Note on Some Differences in English Law, New York Law, and Singapore Law
3715:, 10 M&W 109, 152 Eng.Rep. 402, 1842 WL 5519 (Exchequer of pleas 1842)
3536:
An Australian August Corpus: Why There is Only One Common Law in Australia
2534:
2497:
strongly objected to this practice in an influential dissent for the case
1671:
591:
may once have been, it has no longer that restricted meaning. A scaffold (
334:
as a criticism of this pretense of the legal profession but acceptance of
7566:
7507:
7497:
7294:
7289:
7127:
7028:
6944:
6903:
6870:
6835:
6758:
6682:
6632:
6547:
5921:, 105 F.3d 841, 843–44, 853 (2d Cir. 1997) (noting continued vitality of
5623:
4459:
3345:
2. The body of law based on the English legal system, as distinct from a
3169:
2996:
2797:
2789:
2540:
2524:
2049:
1704:
1469:
1346:
1313:
1228:
1152:
1147:, a distinguishing factor from today's civil and criminal court systems.
1127:
971:
923:
In contrast, in jurisdictions with very weak respect for precedent, fine
748:
664:
352:
170:
162:
154:
104:
47:
countries, the most prevalent system in the world, are in shades of blue.
32:
4435:
2637:
2581:. Early in this period, which finally culminated in the creation of the
1739:
expressly forbade French judges to pronounce general principles of law.
7630:
7559:
7439:
7377:
7043:
7038:
6996:
6978:
6966:
6927:
6773:
6763:
6723:
6708:
6692:
6642:
6579:
6574:
4707:
4683:
4291:
4201:
3921:
3467:
3411:
3164:
2565:
2353:
2349:
2263:
2191:
1954:
1851:
but not binding) in civil law countries, and the growing importance of
1604:, and required very careful drafting of the opening pleading (called a
1263:
1236:
1079:
1059:
1029:
1025:
741:
Statutes in derogation of the common law ought to be narrowly construed
338:'s declaratory theory of common law was near universal for centuries.
150:
5139:
5137:
5135:
4538:, Swiss Review of International and European Law (SZIER/RSDIE) 5/2007.
4536:
Structuring the Law: The Common Law and the Roman Institutional System
4498:
Structuring the Law: The Common Law and the Roman Institutional System
1521:
1870 through 20th century, and the procedural merger of law and equity
1399:
declaratory theory of common law that prevailed in Blackstone's time.
905:
7537:
7502:
7444:
7419:
7284:
7181:
7169:
7154:
7142:
7070:
6988:
6961:
6845:
4147:
3972:
Statutes in Court: The History and Theory of Statutory Interpretation
3872:
Statutes in Court: The History and Theory of Statutory Interpretation
3657:
Benjamin N. Cardozo, The Nature of the Judicial Process 22–23 (1921).
3135:
2931:
2927:
2766:
2609:
2295:
2255:
2162:
2145:
that combines elements of an uncodified civil law dating back to the
2142:
2057:
2053:
1723:
1641:
1621:
1577:
and equity into one form of action, the "civil action". Fed.R.Civ.P.
1486:
1279:
1201:
1051:
1044:
646:
foreseeable uses that downstream purchasers would make of the thing.
348:
299:
142:
96:
74:
67:
7625:
6372:
6278:
Law, Liberty and the Constitution: a Brief History of the Common Law
5162:
5160:
5158:
4699:
4283:
3913:
3459:
3446:
Carpenter, Charles E. (1917). "Court Decisions and the Common Law".
2980:
2838:
1235:, permanently except in the vacations between the four terms of the
945:
of companies, rights of shareholders, and so on) include a Delaware
759:
to reach decisions. As the United States Supreme Court explained in
688:
Statutes are generally understood to supersede common law. They may
455:. Statements consisting only of original research should be removed.
7586:
7571:
7274:
7159:
6956:
6500:
5808:
Ghana: Evolution and Change in the Nineteenth and Twentieth Century
5169:"Types of Legal System: Adversarial v. Investigatory Trial Systems"
5132:
4250:
4152:. New York University Law and Economics Working Papers. Paper 124,
2955:. In practice, the majority of decisions rely on recent precedent.
2935:
2915:
2903:
2722:
the Supreme Court of Canada in terms of appeal of their decisions.
2138:
1852:
1848:
1633:
1625:
1083:
1006:
823:
797:
283:
108:
59:
5490:
5382: United Kingdom, Oxford University Press, 2015, 157
5328:
Women and the Law of Property Under Louisiana Civil Law, 1782–1835
4845:
or John Jay McKelvey, Principles of Common Law Pleading (1894) or
4041:) could not be overruled by a panel but only by the court sitting
3441:
3439:
3437:
3435:
3433:
3323:
3321:
3319:
3317:
3315:
2620:
through whom the Parliament would exercise its rule, along with a
1545:
In England, courts of law (as opposed to equity) were merged with
7476:
7424:
7404:
7352:
7164:
7082:
6898:
6860:
6808:
6421:
6410:
The International Institute for Law and Strategic Studies (IILSS)
5155:
3427:, s.v. "English Law" (London: Loncross Denholm Press, 2008), 484.
2923:
2919:
2818:
2506:
2251:
1776:
allocation of responsibility between prosecutor and adjudicator.
1708:
1613:
1561:
1136:
1067:
1002:
832:
287:
261:
88:
2539:
The law of India, Pakistan, and Bangladesh are largely based on
2527:, but instead promulgates most of its substantive rules through
2215:(before October 2009, final appellate jurisdiction lay with the
2123:), where the prior civil law system was retained to respect the
858:(formerly known as Court of Customs and Patent Appeals) and the
141:
The term "common law", referring to the body of law made by the
7576:
7429:
7174:
7065:
7060:
7006:
6677:
3819:
3817:
3815:
3813:
3811:
3430:
3388:"common law" is contrasted by comparative jurists to civil law.
3312:
3274:
3272:
2729:
use a common law system for civil matters (the exception being
2485:
as the courts of the states in which they were located. As the
2469:
had held that federal courts hearing cases brought under their
2402:
1934:
1629:
1596:
Common law pleading and its abolition in the early 20th century
1303:
1173:
1115:
1082:, and as developing the body of law recognizing and regulating
986:
859:
73:
The defining characteristic of common law is that it arises as
5954:
The Cambridge Companion to Medieval English Law and Literature
4911:
Obeid, Nayla Comair; Brekoulakis, Stavros (20 February 2024).
3399:
Washington Probate, "Estate Planning & Probate Glossary",
2413:
1911:
The common law constitutes the basis of the legal systems of:
1901:
1767:
1553:
of 1873 and 1875, with equity prevailing in case of conflict.
1325:) can be found in the civil law as well as in the common law.
7517:
7461:
7367:
7208:
7011:
6510:
3016:
The next definitive historical treatise on the common law is
2119:
of France in part), South Africa and Sri Lanka (which follow
2108:
1882:
process determines the scope and application of the statute.
1751:
1700:
1490:
1010:
526:
A first exception to this rule arose in 1852, in the case of
63:
3808:
3269:
1887:
Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health
95:
from a common law judge agglomerates with past decisions as
7399:
7347:
7203:
6601:
6517:
5430:
Alexander, C.H. (July 1952). "International Law in India".
5090:, Robbins Collection, University of California at Berkeley.
3197:, Website of the Faculty of Law of the University of Ottawa
2742:
review of federal government decisions, and admiralty. The
2698:
Post-partition, Bangladesh retained its common law system.
2458:
free to legislatively overrule federal courts' common law.
2395:
provision codifying the traditional common-law doctrine of
1609:
1605:
1472:, presented the common law as a collection of such maxims.
1262:
and led to the yearly compilations of court cases known as
1169:
1132:
1071:
998:
941:, and American contracts relating to corporate law issues (
739:
There is a controversial legal maxim in American law that "
508:
instrumentality unless the two were parties to a contract (
4670:
Thinking like a lawyer: an introduction to legal reasoning
4511:
Continental Influences on English Legal thought, 1600–1900
4214:
1811:
from non-parties. One of the most notable such cases was
1420:
new state. All U.S. states, with the partial exception of
1250:. In England, judges have devised a number of rules as to
611:(96 App. Div. 169) to the manufacturer of an elevator; in
6471:
5702:"UPDATE: Guide to Legal Research in Nicaragua - GlobaLex"
4744:, 370 F.3d 41 (D.C. Cir. 2004) (Roberts, J., concurring).
4142:
4140:
2489:
Court put it, there is no "general federal common law".
2153:
with an element of its own common law long predating the
1839:
Narrowing of differences between common law and civil law
1017:
operated its own court system that adjudicated issues of
707:
228:, Marshall Islands, Micronesia, Myanmar, Namibia, Nauru,
6431:– University of Hong Kong Libraries, Digital Initiatives
6409:
5200:
4272:
Journal of Criminal Law, Criminology, and Police Science
3504:"The Common Law in the World: the Australian Experience"
2310:, as the latter was enacted in 1804, one year after the
1729:
165:. The other major legal system used by countries is the
5197:
United States v. Sineneng-Smith, No. 19–67 (7 May 2020)
2535:
India, Pakistan, and Bangladesh (19th century and 1948)
1750:
the Armenian Parliament, with substantial support from
835:
are divided into twelve regional circuits, each with a
6440:
6348:
The History of English Law before the Time of Edward I
4137:
4093:, 285 U.S. 393, 406 (1932) (Brandeis, J., dissenting).
2159:
Legal institutions of Scotland in the High Middle Ages
2141:
is often said to use the civil law system, but it has
236:, Palau, Papua New Guinea, Philippines, Sierra Leone,
6398:
The Australian Institute of Comparative Legal Systems
6397:
4431:
Cambridge History of English and American Literature
4239:
One history of the law before the Norman Conquest is
1050:
The form of reasoning used in common law is known as
500:. Second, the common law evolves through a series of
6312:(2nd ed.). London: Stevens and Haynes. p.
5536:
An Overview of the Indian Justice Delivery Mechanism
4629:
Gearey, Adam; Morrison, Wayne; Jago, Robert (2013).
4146:
Theodore Eisenberg & Geoffrey P. Miller (2008).
3960:, 244 U.S. 205, 221 (1917) (Holmes, J., dissenting).
3800:
3798:
3595:
2712:
1906:
774:
Astoria Federal Savings & Loan Assn. v. Solimino
188:, Bangladesh, Barbados, Belize, Botswana, Cameroon,
6174:
Outlines of Indian Legal and Constitutional History
6149:
4989:
Robinson v Chief Constable of West Yorkshire Police
4552:(2nd ed.), Detroit: Thomson/Gale, p. 30,
4483:, Vol. I (Introduction) 46 (1968); Carl Güterbock,
4268:"The Development of Crime in Early English Society"
3678:". I Atk. 21, 33, 26 Eng. Rep. 15, 22–23 (Ch. 1744)
3327:
3031:that covers both common and statutory English law.
2709:has separate federal and provincial legal systems.
2693:
2364:jurisdictions. The reason for the enactment of the
906:
Common law as a foundation for commercial economies
667:for use by lawyers, courts and the general public.
6102:
6071:
5529:
5110:"An Introduction to Law in French-Speaking Africa"
4861:and other writers named in the preface of Perry's
4628:
4519:The Character and Influence of the Roman Civil Law
3365:
3208:
2624:to aid him. It also established the office of the
5951:
5919:National Basketball Association v. Motorola, Inc.
5052:Rule of Law Assistance Impact Assessment: Armenia
3900:Pound, Roscoe (1907). "Spurious Interpretation".
3895:
3893:
3795:
3608:particularly the ancient unwritten law of England
3359:
3357:
2681:
2327:administrative law of the U.S. federal government
2321:largely rests on English common law. Louisiana's
378:
173:and does not treat judicial opinions as binding.
7672:
6153:; Lerner, Renée Lettow; Smith, Bruce P. (2009).
5952:Barrington, Candace; Sobecki, Sebastian (2019).
4910:
4191:"London becomes litigation capital of the world"
3939:Pound, Roscoe (1941). "What of Stare Decisis?".
3670:, then Solicitor General Murray, in the case of
3583:
3581:
3579:
2773:from the mid-17th century until about 1894, the
2736:
1094:; this is also a development of the common law.
820:, and the application of law to specific facts.
731:once dissented: "judges do and must legislate".
683:
6362:Common-law Pleading: its history and principles
5677:
5432:The International and Comparative Law Quarterly
5299:"Role of The Supreme Court – The Supreme Court"
5004:
4864:Common-law Pleading: its history and principles
2910:. Roman Dutch common law jurisdictions include
1790:systems, criminal proceedings proceed under an
1090:practiced in common law courts is known as the
306:use common law as precedent, which are called "
70:by virtue of being stated in written opinions.
6055:(3rd ed.). New York: Simon and Schuster.
5905:International News Service v. Associated Press
5680:"The Rule of Law in the Nicaraguan Revolution"
4249:The History of English Law before the Time of
3890:
3354:
3200:
2632:
2507:United States executive branch agencies (1946)
1150:At the time, royal government centered on the
1143:, not necessarily through the presentation of
1097:
330:. The term "judge-made law" was introduced by
6456:
6383:The Climate Change and Public Health Law Site
6211:(2nd ed.). Lexis Law Publishing (Va), (1981)
5395:. Oxford University Press. 2021. p. 134.
5145:"Inquisitorial And Adversarial System Of Law"
4581:is a professor of political science, not law)
4550:West's encyclopedia of American law, Volume 3
3576:
3333:
3252:
2356:has a system based on common law, but it has
2068:
1527:
1460:are familiar in everyday speech even today, "
895:, granted by the Practice Statement of 1966.
5663:: CS1 maint: multiple names: authors list (
4547:
4068:
4066:
4064:
2403:United States federal courts (1789 and 1938)
1655:
1193:of 1198 reducing the kingdom to poverty and
282:common law is "The body of law derived from
6373:The Common Law by Oliver Wendell Holmes Jr.
5380:International Law in the U.S. Legal System.
5007:Boston University International Law Journal
4867:(Boston, 1897) or Koffler and Reppy, 1969,
4602:
4600:
2867:. Unsourced material may be challenged and
2449:slightly, to create a few situations where
2146:
1902:Common law legal systems in the present day
1772:
1768:Adversarial system vs. inquisitorial system
1715:
658:
413:also give rise to considerable complexity.
169:, which codifies its legal principles into
6463:
6449:
5991:Principles and Possibilities in Common Law
5647:"Department of Justice – About Bijuralism"
5256:
4590:Sir William Blackstone (1723–1780) in his
4548:Lehman, Jeffrey; Phelps, Shirelle (2005),
4481:Bracton on the Laws and Customs of England
3056:; rather, Holmes describes the common law
2227:
1683:Common law is usually contrasted with the
1556:In the United States, parallel systems of
804:of marriages did not abolish pre-existing
383:
204:, Dominica, Fiji, Ghana, Grenada, Guyana,
6176:(6th ed.). Nagpur: Wadhwa & Co.
6027:
5956:. Cambridge: Cambridge University Press.
5574:in a common law jurisdiction such as ours
5429:
4963:"The Common Law and Civil Law Traditions"
4485:Bracton and his Relation to the Roman Law
4306:A History of the English Speaking Peoples
4061:
3998:"Common Law – Atlas of Public Management"
3865:
3863:
3861:
3792:, 217 N.Y. 382, 111 N.E. 1050 (N.Y. 1916)
3445:
3121:List of common law national legal systems
2887:Learn how and when to remove this message
2828:
2543:common law because of the long period of
2528:
1879:
1493:and corollaries of a book of mathematics.
1269:
734:
471:Learn how and when to remove this message
7608:History of the American legal profession
6221:
6209:Historical Foundations of the Common Law
6123:
6048:
6034:. Boston, MA: Harvard University Press.
6013:. Ithaca, NY: Cornell University Press.
5359:, 521 U.S. 507 (1997) (invalidating the
4816:
4812:
4597:
4076:Common law: advantages and disadvantages
2979:
2752:
2636:
2573:'s central philosophy was tolerance and
2412:
2372:, however, have retained the concept of
1950:
1670:
1574:
1557:
1462:One cannot be a judge in one's own cause
1101:
856:Court of Appeals for the Federal Circuit
841:Court of Appeals for the Federal Circuit
197:
38:
6302:
5994:. Eagan, MN: West Academic Publishing.
5088:The Common Law and Civil Law Traditions
5068:Indiana Journal of Global Legal Studies
4937:"Description and History of Common Law"
4778:
4541:
4334:(5 ed.). Oxford University Press.
4265:
3104:The Institutions of the Law of Scotland
1870:in the early 1960s) and procedure (the
1699:, and some African countries including
14:
7673:
6275:
6069:
5987:
5644:
4681:
3969:
3874:. Duke University Press. p. 254.
3869:
3858:
3363:
3206:
2907:
1946:
1421:
1278:By the time of the rediscovery of the
1246:acquired legislative powers to create
899:
265:
193:
6444:
6228:. New York: Oxford University Press.
6100:
6008:
5884:Clearfield Trust Co. v. United States
5477:
5417:
5405:
5206:
5114:The Journal of Modern African Studies
5044:
4809:Markman v. Westview Instruments, Inc.
4331:Introduction to English Legal History
4327:
4323:
4321:
4319:
4317:
4188:
3938:
3899:
2421:and codification of federal statutes.
2343:
2254:system of land holding, based on the
2241:by the Dutch. In 1664, the colony of
2072:
1746:. For example, after the fall of the
1730:Role of precedent and judicial review
1293:De Legibus et Consuetudinibus Angliae
6309:Jurisprudence: The Theory of the Law
6242:
6171:
5572:"Federation of Pakistan v. Bhatti, "
5517:
5483:
5166:
5039:Judicial Discretion in the Civil Law
4647:Bentham and the Common Law Tradition
4633:. Taylor & Francis. p. 115.
4615:Sir William Blackstone (1723–1780),
4091:Burnet v. Coronado Oil & Gas Co.
3974:. Duke University Press. p. 97.
3605:(10th ed.). 2014. p. 334.
3538:, (2015) Bond Law Review, Volume 27.
3343:(10th ed.). 2014. p. 334.
3262:(10th ed.). 2014. p. 334.
3036:Massachusetts Supreme Judicial Court
2865:adding citations to reliable sources
2832:
2612:. The British Parliament passed the
2600:took over control of India from the
2417:USCA: some annotated volumes of the
2277:
1660:
1608:) to slot into exactly one of them:
1569:injunctive relief. In 1937, the new
1252:how to deal with precedent decisions
1197:fleeing to escape the eyre of 1233.
420:
6429:Historical Laws of Hong Kong Online
6197:. Columbia University Press (2003)
6195:A Natural History of the Common Law
6078:(2nd, revised ed.). New York:
5902:backed by the federal government);
5678:Serrano Caldera, Alejandro (1990).
4682:Holmes, Oliver Wendell Jr. (1897).
4643:
4617:Commentaries on the Laws of England
4592:Commentaries on the Laws of England
4447:The Birth of the English Common Law
4189:Osley, Richard (23 November 2008).
4027:Bonner v. City of Prichard, Alabama
3603:Black's Law Dictionary – Common law
3591:(10th ed.). 2014. p. 334.
3589:Black's Law Dictionary – Common law
3372:(2nd, revised ed.). New York:
3341:Black's Law Dictionary – Common law
3328:Langbein, Lerner & Smith (2009)
3260:Black's Law Dictionary – Common law
3215:(2nd, revised ed.). New York:
3019:Commentaries on the Laws of England
2990:Commentaries on the Laws of England
2431:, 304 U.S. 64, 78 (1938) overruled
2329:and other U.S. states. Louisiana's
2213:Supreme Court of the United Kingdom
2120:
1328:
1319:Commentaries on the Laws of England
1070:someone for wrongful acts known as
898:Canada's federal system, described
884:Supreme Court of the United Kingdom
824:Overruling precedent—the limits of
800:statute that established rules for
241:
24:
6437:from Bouvier's 1856 Law Dictionary
6074:A Dictionary of Modern Legal Usage
5945:
5755:(Jan. 15, 2023); ConstitutionNet,
5727:"Supreme court decisions database"
5466:International Law in Ancient India
4656:10.1093/oso/9780198793052.003.0006
4534:See generally Stephen P. Buhofer,
4340:10.1093/oso/9780198812609.001.0001
4314:
4229:Publications of the Selden Society
4029:, 661 F.2d 1206 (11th Cir. 1981) (
4021:, 690 F.2d 1368 (Fed. Cir. 1982) (
3764:"Johnson v. Cadillac Motor Car Co"
3417:
3368:A Dictionary of Modern Legal Usage
3281:Southern Pacific Company v. Jensen
3211:A Dictionary of Modern Legal Usage
2975:
2821:(which, following the doctrine of
2800:are inherited from the law of the
1352:Institutes of the Lawes of England
1260:On the Laws and Customs of England
816:, of legislative statutes, and of
794:Supreme Court of the United States
613:Davies v. Pelham Hod Elevating Co.
544:Yet the privity rule survived. In
126:; this was continued by the later
25:
7702:
6592:Restitution and unjust enrichment
6329:
5361:Religious Freedom Restoration Act
5296:
4831:The Forms of Action at Common Law
4813:common law (as opposed to equity)
3751:Cadillac Motor Car Co. v. Johnson
3066:The Nature and Sources of the Law
2713:Canadian provincial legal systems
2596:against the British in 1857, the
1907:In jurisdictions around the world
1779:Common law courts usually use an
1744:invalidate legislative provisions
1528:common law (as opposed to equity)
1393:
546:Cadillac Motor Car Co. v. Johnson
27:Law created by judicial precedent
7639:
7638:
7624:
6049:Friedman, Lawrence Meir (2005).
5928:
5911:
5872:
5836:
5826:
5813:
5796:
5786:
5773:
5764:
5745:
5719:
5694:
5671:
5638:
5620:"Federal Court of Appeal – Home"
5612:
5600:
5564:
5523:
5511:
5471:
5458:
5423:
5411:
5399:
5385:
5372:
5348:
5336:
5318:
5309:
5290:
5281:
5236:
5223:
5191:
5102:
5028:, Decree of March 5, 1803, Law 5
4915:. Kluwer Law International B.V.
4574:Common Law and the Law of Reason
4475:E.g., George E. Woodbine (ed.),
4058:83 Cr App R 191, 73 Cr App R 266
3509:. W3.uniroma1.it. Archived from
3425:The Companion to British History
3046:published a short volume called
3038:, and before being named to the
2837:
2784:
2725:All but one of the provinces of
2701:
2694:Post-partition Bangladesh (1968)
2690:retained its common law system.
2335:Federal Rules of Civil Procedure
2100:
2079:, with the partial exception of
2025:
1872:Federal Rules of Civil Procedure
1571:Federal Rules of Civil Procedure
1444:(1863), which first applied the
1058:. The common law, as applied in
692:existing common law, create new
425:
233:
153:, which are laws adopted by the
62:) is the body of law created by
7603:History of the legal profession
6028:Eisenberg, Melvin Aron (1991).
5856:
5804:The Constitutional Law of Ghana
5622:. Fca-caf.gc.ca. Archived from
5251:United States v. Sineneng-Smith
5081:
5056:
5032:
5017:
4998:
4981:
4955:
4929:
4904:
4894:
4885:
4875:
4870:Handbook of Common Law Pleading
4823:
4801:
4784:
4772:
4760:
4747:
4735:
4714:
4675:
4662:
4637:
4622:
4609:
4584:
4565:
4528:
4503:
4490:
4469:
4452:
4439:
4425:
4407:
4392:
4380:
4368:
4356:
4298:
4259:
4233:
4207:
4182:
4173:
4163:
4120:
4096:
4084:
4052:
4011:
3990:
3978:
3963:
3951:
3932:
3883:Cannon v. University of Chicago
3848:
3830:
3781:
3756:
3744:
3741:, 195 N.Y. 478, 480 (N.Y. 1909)
3732:
3718:
3706:
3681:
3660:
3651:
3642:
3626:
3613:
3550:
3528:
3496:
3475:
3393:
2825:, holds near-unlimited power).
2500:Cannon v. University of Chicago
1960:the Caribbean jurisdictions of
854:Other courts, for example, the
782:Mobil Oil Corp. v. Higginbotham
561:Finally, in the famous case of
6389:The Principle of stare decisis
6364:, R.Ross Perry, (Boston, 1897)
6157:. New York: Aspen Publishers.
4672:(Westview Press, 1996), pg. 10
4433:The Year Books and their Value
4365:(Camden Soc., 1844), pp. 28–9.
4266:Jeffery, Clarence Ray (1957).
3958:Southern Pacific Co. v. Jensen
3296:
3287:
3181:
2682:Post-partition Pakistan (1948)
2678:, are also enforced in India.
2608:came under the direct rule of
2588:When India became part of the
2563:, dating from 400 BCE and the
2521:National Labor Relations Board
2117:bijuridicial law or civil code
1994:
1307:(typically, actions against a
379:Basic principles of common law
217:
145:, is often distinguished from
13:
1:
6105:Legal Traditions of the World
6009:Crane, Elaine Forman (2011).
5867:MacPherson v. Buick Motor Co.
4417:Legal History: The Year Books
4328:Baker, John (21 March 2019).
3789:MacPherson v. Buick Motor Co.
3175:
2737:Canadian federal legal system
2182:interest), they are similar.
1984:
1369:
1066:), was devised as a means of
928:precedent, parties have less
784:, 436 U. S. 618, 625 (1978);
684:Comparison with statutory law
564:MacPherson v. Buick Motor Co.
271:
209:
6225:Fundamentals of American Law
6031:The Nature of the Common Law
4019:South Corp. v. United States
3838:"Legal Dictionary – Law.com"
3753:, 221 F. 801 (2nd Cir. 1915)
2802:British Mandate of Palestine
2761:
2618:Secretary of State for India
2614:Government of India Act 1858
2514:Administrative Procedure Act
2451:United States federal courts
2383:, 13 Cal.3d 804 (1975), the
2325:is generally similar to the
2165:differed in that the use of
1566:United States federal courts
833:United States federal courts
788:, 451 U. S. 304, 315 (1981).
772:, 343 U.S. 779, 783 (1952);
708:"Legislating from the bench"
677:West Publishing in Minnesota
652:reasons given for a decision
7:
6423:New South Wales Legislation
6109:. Oxford University Press.
5849:
5287:Stair Memorial Encyclopedia
4389:(RS, 1864–69), III, p. 135.
4375:Chronica Rogeri de Houedene
3870:Popkin, William D. (1999).
3109:
2633:Post-partition India (1948)
2467:United States Supreme Court
2284:Louisiana's codified system
2133:
1677:Corpus Juris Civilis Romani
1497:In the early 20th century,
1098:Medieval English common law
609:Kahner v. Otis Elevator Co.
451:the claims made and adding
220:, Jamaica, Kenya, Liberia,
66:and similar quasi-judicial
10:
7707:
7270:International legal theory
6749:International slavery laws
6744:International human rights
6739:International criminal law
6222:Morrison, Alan B. (1996).
6129:Common Law and Ius Commune
6101:Glenn, H. Patrick (2000).
4817:law (as opposed to equity)
4445:E.g., R. C. van Caenegem,
3401:Washington (State) Probate
3207:Garner, Bryan A. (2001) .
3034:While he was still on the
3029:Halsbury's Laws of England
2602:British East India Company
2545:British colonial influence
2529:common law (connotation 1)
2406:
2157:with England in 1707 (see
2093:English-speaking countries
2071:system and the individual
1675:A 16th century edition of
1664:
1590:Delaware Court of Chancery
1218:Constitutions of Clarendon
1214:settlement with the papacy
1139:through evaluating common
976:
969:
965:
770:Isbrandtsen Co. v. Johnson
583:have extended the rule of
85:matter of first impression
29:
7618:
7595:
7485:
7323:Administration of justice
7308:
7217:
7108:
6987:
6889:
6610:
6478:
6070:Garner, Bryan A. (2001).
6052:A History of American Law
5245:Greenlaw v. United States
5126:10.1017/S0022278X00025064
4742:Acree v. Republic of Iraq
3825:Common Law or Civil Code?
3689:"The Legislative Process"
3364:Garner, Bryan A. (2001).
3155:Rule against perpetuities
3044:Oliver Wendell Holmes Jr.
2823:parliamentary sovereignty
2626:Governor-General of India
2547:during the period of the
2387:adopted the principle of
2360:the law in the manner of
2091:and many other generally
1895:European Court of Justice
1876:Federal Rules of Evidence
1855:in common law countries.
1814:Erie Railroad v. Tompkins
1687:system, which is used in
1656:Comparison with Civil Law
1477:Oliver Wendell Holmes Jr.
484:Oliver Wendell Holmes Jr.
7100:Basic structure doctrine
6950:Natural and legal rights
6831:Public international law
5934:In the words of Justice
5444:10.1093/iclqaj/1.Pt3.289
5356:City of Boerne v. Flores
5209:"The Limits of Advocacy"
3970:Popkin, William (1999).
3842:Law.com Legal Dictionary
3827:, Boston, Massachusetts.
3729:, 6 N.Y. 397 (N.Y. 1852)
2958:
2672:international trade laws
2453:are permitted to create
2385:California Supreme Court
2209:High Court of Justiciary
2200:, a case originating in
2067:United States (both the
1953:, with the exception of
1757:There is no doctrine of
1667:Civil law (legal system)
1379:States Supreme Court in
1210:Archbishop of Canterbury
1034:the UK National Archives
889:High Court of Justiciary
874:In the jurisdictions of
839:(plus a thirteenth, the
837:circuit court of appeals
792:As another example, the
718:statutory interpretation
659:Publication of decisions
321:Bouvier's Law Dictionary
256:such as Gibraltar), the
54:(also known as judicial
30:Not to be confused with
7280:Principle of typicality
6754:International trade law
6470:
6403:28 January 2011 at the
6080:Oxford University Press
5802:See, generally, Benion
5343:Erie R. Co. v. Tompkins
5264:United States v. Hudson
3739:Statler v. Ray Mfg. Co.
3374:Oxford University Press
3217:Oxford University Press
2744:Federal Court of Appeal
2577:, and was cited across
2397:contributory negligence
2290:, private law—that is,
2232:The original colony of
2228:New York (17th century)
1880:interstitial common law
1868:Uniform Commercial Code
1340:
997:traditions such as the
943:merger and acquisitions
763:, 507 U.S. 529 (1993):
639:boundary is necessary,
597:Statler v. Ray Mfg. Co.
581:Statler v. Ray Mfg. Co.
538:Statler v. Ray Mfg. Co.
384:Common law adjudication
298:that use common law as
248:, Trinidad and Tobago,
6350:, Pollock and Maitland
6276:Potter, Harry (2015).
6243:Nagl, Dominik (2013).
5988:Bayern, Shawn (2023).
5900:negotiable instruments
5821:Journal of African Law
5781:The Ghana Legal System
5607:Constitution Act, 1867
5207:Frost, Amanda (2009).
4571:James R. Stoner, Jr.,
4464:Justinian's Institutes
4377:(RS, 1871), IV, p. 62.
4310:The English Common Law
3713:Winterbottom v. Wright
3423:Charles Arnold-Baker,
3160:Rule in Shelley's Case
3081:American Law Institute
3075:In the United States,
2993:
2987:as illustrated in his
2985:Sir William Blackstone
2900:Roman Dutch common law
2829:Roman Dutch common law
2792:has no formal written
2719:province and territory
2646:
2523:issues relatively few
2471:diversity jurisdiction
2422:
2389:comparative negligence
2298:, transmitted through
2147:
1924:states and territories
1807:issues raised only in
1716:
1680:
1534:, administered by the
1495:
1270:Influence of Roman law
1227:was established after
1119:
790:
735:Statutory construction
622:
569:Judge Benjamin Cardozo
327:Black's Law Dictionary
279:Black's Law Dictionary
48:
7275:Principle of legality
7034:Delegated legislation
6734:Intellectual property
6415:9 August 2018 at the
6393:American Law Register
6356:Writs. (F.W.Maitland)
6304:Salmond, John William
5962:10.1017/9781316848296
5496:World Digital Library
5369:, 451 U.S. 304 (1981)
5366:Milwaukee v. Illinois
5326:"Sara Jane Sandberg,
5096:22 April 2016 at the
4993:[2018] UKSC 4
4684:"The Path of the Law"
3150:Slavery at common law
3085:Corpus Juris Secundum
2983:
2753:Canadian criminal law
2676:intellectual property
2643:Constitution of India
2640:
2416:
2407:Further information:
2393:California Civil Code
1874:in the 1930s and the
1853:statute law and codes
1674:
1624:, general assumpsit,
1482:
1390:of Blackstone's era.
1355:in the 17th century.
1233:Palace of Westminster
1225:Court of Common Pleas
1112:Palace of Westminster
1105:
918:freedom of expression
796:in 1877, held that a
786:Milwaukee v. Illinois
765:
761:United States v Texas
729:Oliver Wendell Holmes
577:
515:Winterbottom v Wright
361:Oliver Wendell Holmes
58:, judge-made law, or
42:
7493:Barristers' chambers
7435:Legal representation
7373:Justice of the peace
6719:Financial regulation
6435:Maxims of Common Law
6381:; also available at
6125:Ibbetson, David John
5706:www.nyulawglobal.org
5651:canada.justice.gc.ca
5533:(23–24 March 2008).
5297:Court, The Supreme.
5229:the appendix to the
4841:22 June 2016 at the
4725:"O. W. Holmes, Jr.,
4496:Stephen P. Buhofer,
4223:Publications of the
4219:6 March 2016 at the
4156:1 April 2011 at the
3823:Social Law Library,
3726:Thomas v. Winchester
3544:31 July 2017 at the
3490:22 July 2016 at the
3193:22 July 2016 at the
3001:Member of Parliament
2861:improve this section
2811:Israeli constitution
2419:official compilation
2380:Li v. Yellow Cab Co.
2288:Louisiana Civil Code
2270:. The influence of
2197:Donoghue v Stevenson
2185:Scotland shares the
2173:, and principles of
2149:Corpus Juris Civilis
1951:individual provinces
1792:inquisitorial system
1718:Corpus Juris Civilis
1638:trespass on the case
1388:declaratory statutes
1118:, early 19th century
1078:and torts caused by
1056:case-based reasoning
745:Henry Campbell Black
617:Thomas v. Winchester
589:Thomas v. Winchester
585:Thomas v. Winchester
529:Thomas v. Winchester
254:overseas territories
89:legislative statutes
7528:Election commission
7240:Expressive function
6769:Landlord–tenant law
6668:Consumer protection
6172:Jain, M.P. (2006).
5303:www.supremecourt.uk
5179:on 25 November 2017
4943:on 28 February 2017
4363:Croniques de London
4304:Winston Churchill,
3902:Columbia Law Review
3564:on 22 November 2011
3448:Columbia Law Review
3243:is contrasted with
3096:Institutional Texts
2674:, such as those on
2656:Indian Constitution
2163:Scottish common law
2115:(which follows the
1962:Antigua and Barbuda
1922:and in each of the
1538:, in the courts of
1349:, in his treatise,
806:common-law marriage
601:Torgesen v. Schultz
510:privity of contract
347:that is binding as
286:, rather than from
266:49 of its 50 states
196:system and all its
178:mixed legal systems
7486:Legal institutions
7353:Lawsuit/Litigation
7343:Dispute resolution
7148:Catholic canon law
6856:State of emergency
6819:Will and testament
6543:Law of obligations
6496:Constitutional law
6486:Administrative law
6286:Boydell and Brewer
5863:Hadley v Baxendale
5549:on 2 November 2012
5531:K. G. Balakrishnan
5464:Viswanatha, S.T.,
5173:compass.port.ac.uk
4688:Harvard Law Review
4399:T. F. T. Plucknett
4128:U.S. Patent Office
4113:2007-05-02 at the
3941:Fordham Law Review
3672:Omychund v. Barker
3303:Marbury v. Madison
3126:Books of authority
3102:(1655) and Stair,
3040:U.S. Supreme Court
3024:William Blackstone
2994:
2647:
2598:British Parliament
2455:federal common law
2443:federal common law
2423:
2409:Federal common law
2374:community property
2344:California (1850s)
2323:administrative law
2312:Louisiana Purchase
2099:countries (except
1891:ECLI:EU:C:1982:335
1781:adversarial system
1773:Common law systems
1689:Continental Europe
1681:
1376:William Blackstone
1120:
1092:adversarial system
1062:(as distinct from
882:, since 2009, the
818:agency regulations
757:plain meaning rule
436:possibly contains
403:constitutional law
373:Ezra Ripley Thayer
336:William Blackstone
314:" jurisdictions."
284:judicial decisions
250:the United Kingdom
49:
7668:
7667:
7328:Constitutionalism
7250:Law and economics
7088:Act of parliament
6826:Product liability
6779:Legal archaeology
6704:Environmental law
6698:Entertainment law
6538:International law
6378:Project Gutenberg
6295:978-1-78327-011-8
6263:on 12 August 2016
6256:978-3-643-11817-2
6235:978-0-19-876405-2
6183:978-81-8038-264-2
6164:978-0-7355-6290-5
6151:Langbein, John H.
6142:978-0-85423-165-2
6116:978-0-19-876575-2
6093:978-0-19-514236-5
6062:978-0-7432-8258-1
5936:Robert H. Jackson
5609:, s. 91(10), (18)
5588:on 6 October 2014
5491:"Official, India"
4922:978-94-035-2911-0
4644:Postema, Gerald.
4387:Annales Monastici
4349:978-0-19-881260-9
4126:For example, the
3676:act of parliament
3405:s.v. "common law"
3235:In modern usage,
3131:Lists of case law
3062:John Chipman Gray
3022:, written by Sir
2897:
2896:
2889:
2668:environmental law
2519:For example, the
2391:in the face of a
2278:Louisiana (1700s)
2202:Paisley, Scotland
2192:law of negligence
1786:In contrast, in
1711:and west Africa.
1707:countries of the
1661:Civil law systems
1583:Seventh Amendment
1560:(providing money
1466:Dr. Bonham's Case
1446:res ipsa loquitur
1429:reception statute
1409:reception statute
1323:unjust enrichment
1275:remain distinct.
1126:became the first
1076:intentional torts
1074:, including both
1005:, the penalty of
876:England and Wales
498:social philosophy
481:
480:
473:
438:original research
268:), and Zimbabwe.
124:overseas colonies
16:(Redirected from
7698:
7643:
7642:
7641:
7629:
7628:
7452:Question of fact
7333:Criminal justice
6663:Construction law
6658:Conflict of laws
6623:Agricultural law
6465:
6458:
6451:
6442:
6441:
6380:
6325:
6299:
6272:
6270:
6268:
6259:. Archived from
6239:
6207:Milsom, S.F.C.,
6187:
6168:
6146:
6120:
6108:
6097:
6077:
6066:
6045:
6024:
6005:
5983:
5939:
5932:
5926:
5915:
5909:
5876:
5870:
5860:
5844:
5840:
5834:
5830:
5824:
5817:
5811:
5800:
5794:
5790:
5784:
5777:
5771:
5768:
5762:
5761:(Aug. 16, 2021).
5753:A rush to change
5751:New York Times,
5749:
5743:
5742:
5740:
5738:
5729:. Archived from
5723:
5717:
5716:
5714:
5712:
5698:
5692:
5691:
5675:
5669:
5668:
5662:
5654:
5642:
5636:
5635:
5633:
5631:
5616:
5610:
5604:
5598:
5597:
5595:
5593:
5587:
5581:. Archived from
5580:
5568:
5562:
5561:
5556:
5554:
5548:
5541:
5527:
5521:
5515:
5509:
5508:
5506:
5504:
5487:
5481:
5475:
5469:
5462:
5456:
5455:
5427:
5421:
5415:
5409:
5403:
5397:
5396:
5389:
5383:
5376:
5370:
5352:
5346:
5340:
5334:
5333:
5322:
5316:
5313:
5307:
5306:
5294:
5288:
5285:
5279:
5260:
5254:
5240:
5234:
5227:
5221:
5220:
5213:Duke Law Journal
5204:
5198:
5195:
5189:
5188:
5186:
5184:
5175:. Archived from
5164:
5153:
5152:
5141:
5130:
5129:
5106:
5100:
5085:
5079:
5078:
5076:
5074:
5060:
5054:
5048:
5042:
5036:
5030:
5026:Code of Napoleon
5021:
5015:
5014:
5002:
4996:
4995: at para. 21
4985:
4979:
4978:
4976:
4974:
4969:on 22 April 2016
4965:. Archived from
4959:
4953:
4952:
4950:
4948:
4939:. Archived from
4933:
4927:
4926:
4908:
4902:
4898:
4892:
4889:
4883:
4879:
4873:
4829:F. W. Maitland,
4827:
4821:
4805:
4799:
4788:
4782:
4776:
4770:
4767:Roper v. Simmons
4764:
4758:
4755:The Western Maid
4751:
4745:
4739:
4733:
4732:
4718:
4712:
4711:
4679:
4673:
4666:
4660:
4659:
4641:
4635:
4634:
4626:
4620:
4613:
4607:
4604:
4595:
4588:
4582:
4569:
4563:
4562:
4545:
4539:
4532:
4526:
4507:
4501:
4494:
4488:
4477:Samuel E. Thorne
4473:
4467:
4462:, Grant McLeod,
4456:
4450:
4443:
4437:
4429:
4423:
4422:
4411:
4405:
4396:
4390:
4384:
4378:
4372:
4366:
4360:
4354:
4353:
4325:
4312:
4302:
4296:
4295:
4263:
4257:
4237:
4231:
4211:
4205:
4198:
4186:
4180:
4177:
4171:
4167:
4161:
4144:
4135:
4124:
4118:
4100:
4094:
4088:
4082:
4081:
4070:
4059:
4056:
4050:
4015:
4009:
4008:
4006:
4004:
3994:
3988:
3985:Meister v. Moore
3982:
3976:
3975:
3967:
3961:
3955:
3949:
3948:
3936:
3930:
3929:
3897:
3888:
3887:
3867:
3856:
3852:
3846:
3845:
3834:
3828:
3821:
3806:
3802:
3793:
3785:
3779:
3778:
3776:
3774:
3760:
3754:
3748:
3742:
3736:
3730:
3722:
3716:
3710:
3704:
3703:
3701:
3699:
3685:
3679:
3664:
3658:
3655:
3649:
3646:
3640:
3630:
3624:
3617:
3611:
3610:
3599:
3593:
3592:
3585:
3574:
3573:
3571:
3569:
3560:. Archived from
3554:
3548:
3532:
3526:
3525:
3523:
3521:
3515:
3508:
3500:
3494:
3479:
3473:
3471:
3443:
3428:
3421:
3415:
3397:
3391:
3390:
3371:
3361:
3352:
3351:
3347:civil-law system
3337:
3331:
3325:
3310:
3300:
3294:
3291:
3285:
3276:
3267:
3266:
3256:
3250:
3249:
3214:
3204:
3198:
3185:
3140:Alfred the Great
3070:U.S. law schools
3060:. Law professor
2892:
2885:
2881:
2878:
2872:
2841:
2833:
2798:basic principles
2686:Post-partition,
2664:human rights law
2649:Post-partition,
2622:Council of India
2428:Erie v. Tompkins
2366:California Codes
2152:
2062:Northern Ireland
1893:), in which the
1721:
1547:courts of equity
1413:legislative body
1381:Levy v. McCartee
1365:
1329:Early modern era
1108:Westminster Hall
925:questions of law
913:Justice Brandeis
880:Northern Ireland
860:US Supreme Court
847:appeals sitting
694:causes of action
605:Burke v. Ireland
476:
469:
465:
462:
456:
453:inline citations
429:
428:
421:
398:appellate courts
200:except Quebec),
21:
7706:
7705:
7701:
7700:
7699:
7697:
7696:
7695:
7671:
7670:
7669:
7664:
7637:
7623:
7614:
7591:
7582:Political party
7555:Legal education
7543:Law enforcement
7523:Court of equity
7481:
7457:Question of law
7410:Practice of law
7390:Judicial review
7304:
7255:Legal formalism
7235:Comparative law
7230:Contract theory
7213:
7133:Legal pluralism
7104:
7093:Act of Congress
7017:Executive order
6983:
6885:
6804:Nationality law
6729:Immigration law
6653:Competition law
6606:
6474:
6469:
6417:Wayback Machine
6405:Wayback Machine
6370:
6332:
6296:
6266:
6264:
6257:
6249:. Berlin: LIT.
6236:
6184:
6165:
6143:
6117:
6094:
6063:
6042:
6021:
6002:
5972:
5948:
5946:Further reading
5943:
5942:
5933:
5929:
5916:
5912:
5877:
5873:
5861:
5857:
5852:
5847:
5841:
5837:
5831:
5827:
5818:
5814:
5801:
5797:
5791:
5787:
5778:
5774:
5769:
5765:
5750:
5746:
5736:
5734:
5733:on 9 April 2014
5725:
5724:
5720:
5710:
5708:
5700:
5699:
5695:
5676:
5672:
5656:
5655:
5643:
5639:
5629:
5627:
5618:
5617:
5613:
5605:
5601:
5591:
5589:
5585:
5578:
5570:
5569:
5565:
5552:
5550:
5546:
5539:
5528:
5524:
5516:
5512:
5502:
5500:
5489:
5488:
5484:
5476:
5472:
5463:
5459:
5428:
5424:
5416:
5412:
5404:
5400:
5391:
5390:
5386:
5377:
5373:
5353:
5349:
5341:
5337:
5324:
5323:
5319:
5314:
5310:
5295:
5291:
5286:
5282:
5261:
5257:
5241:
5237:
5228:
5224:
5205:
5201:
5196:
5192:
5182:
5180:
5165:
5156:
5143:
5142:
5133:
5108:
5107:
5103:
5098:Wayback Machine
5086:
5082:
5072:
5070:
5062:
5061:
5057:
5049:
5045:
5037:
5033:
5022:
5018:
5003:
4999:
4986:
4982:
4972:
4970:
4961:
4960:
4956:
4946:
4944:
4935:
4934:
4930:
4923:
4909:
4905:
4899:
4895:
4890:
4886:
4880:
4876:
4843:Wayback Machine
4828:
4824:
4806:
4802:
4789:
4785:
4777:
4773:
4765:
4761:
4752:
4748:
4740:
4736:
4723:
4719:
4715:
4700:10.2307/1322028
4680:
4676:
4667:
4663:
4642:
4638:
4627:
4623:
4614:
4610:
4605:
4598:
4589:
4585:
4570:
4566:
4560:
4546:
4542:
4533:
4529:
4508:
4504:
4495:
4491:
4474:
4470:
4457:
4453:
4444:
4440:
4430:
4426:
4413:
4412:
4408:
4397:
4393:
4385:
4381:
4373:
4369:
4361:
4357:
4350:
4326:
4315:
4303:
4299:
4284:10.2307/1140057
4264:
4260:
4238:
4234:
4221:Wayback Machine
4212:
4208:
4195:The Independent
4187:
4183:
4178:
4174:
4168:
4164:
4158:Wayback Machine
4145:
4138:
4125:
4121:
4115:Wayback Machine
4101:
4097:
4089:
4085:
4072:
4071:
4062:
4057:
4053:
4016:
4012:
4002:
4000:
3996:
3995:
3991:
3983:
3979:
3968:
3964:
3956:
3952:
3937:
3933:
3914:10.2307/1109940
3898:
3891:
3868:
3859:
3853:
3849:
3836:
3835:
3831:
3822:
3809:
3803:
3796:
3786:
3782:
3772:
3770:
3762:
3761:
3757:
3749:
3745:
3737:
3733:
3723:
3719:
3711:
3707:
3697:
3695:
3687:
3686:
3682:
3665:
3661:
3656:
3652:
3647:
3643:
3631:
3627:
3618:
3614:
3601:
3600:
3596:
3587:
3586:
3577:
3567:
3565:
3556:
3555:
3551:
3546:Wayback Machine
3533:
3529:
3519:
3517:
3516:on 27 July 2011
3513:
3506:
3502:
3501:
3497:
3492:Wayback Machine
3480:
3476:
3460:10.2307/1112172
3444:
3431:
3422:
3418:
3410:25 May 2017 at
3398:
3394:
3384:
3362:
3355:
3339:
3338:
3334:
3326:
3313:
3301:
3297:
3292:
3288:
3277:
3270:
3258:
3257:
3253:
3231:
3205:
3201:
3195:Wayback Machine
3186:
3182:
3178:
3145:Time immemorial
3112:
2978:
2976:Scholarly works
2961:
2940:Roman Dutch law
2893:
2882:
2876:
2873:
2858:
2842:
2831:
2787:
2764:
2758:case proceeds.
2755:
2739:
2715:
2704:
2696:
2684:
2635:
2537:
2509:
2483:substantive law
2435:'s decision in
2411:
2405:
2346:
2308:Napoleonic Code
2292:substantive law
2280:
2272:Roman-Dutch law
2268:civil procedure
2230:
2225:
2175:natural justice
2155:Treaty of Union
2143:a unique system
2136:
2121:Roman Dutch law
1909:
1904:
1841:
1770:
1737:Napoleonic Code
1732:
1669:
1663:
1658:
1602:forms of action
1598:
1551:Judicature Acts
1536:Lord Chancellor
1523:
1457:
1405:
1396:
1372:
1363:
1343:
1331:
1272:
1141:local knowledge
1100:
1015:Catholic Church
983:Norman Conquest
979:
974:
968:
908:
866:, and thus the
829:
814:US Constitution
737:
710:
686:
661:
593:Devlin v. Smith
579:It may be that
489:Justice Cardozo
477:
466:
460:
457:
442:
430:
426:
419:
386:
381:
344:ratio decidendi
274:
252:(including its
120:Norman Conquest
37:
28:
23:
22:
15:
12:
11:
5:
7704:
7694:
7693:
7688:
7683:
7666:
7665:
7663:
7662:
7655:
7648:
7634:
7631:Law portal
7619:
7616:
7615:
7613:
7612:
7611:
7610:
7599:
7597:
7593:
7592:
7590:
7589:
7584:
7579:
7574:
7569:
7564:
7563:
7562:
7552:
7551:
7550:
7540:
7535:
7530:
7525:
7520:
7515:
7510:
7505:
7500:
7495:
7489:
7487:
7483:
7482:
7480:
7479:
7474:
7469:
7467:Trial advocacy
7464:
7459:
7454:
7449:
7448:
7447:
7442:
7437:
7432:
7427:
7422:
7417:
7407:
7402:
7397:
7392:
7387:
7382:
7381:
7380:
7375:
7365:
7360:
7355:
7350:
7345:
7340:
7335:
7330:
7325:
7320:
7314:
7312:
7306:
7305:
7303:
7302:
7297:
7292:
7287:
7282:
7277:
7272:
7267:
7262:
7257:
7252:
7247:
7242:
7237:
7232:
7227:
7221:
7219:
7215:
7214:
7212:
7211:
7206:
7201:
7196:
7191:
7190:
7189:
7179:
7178:
7177:
7172:
7167:
7162:
7157:
7152:
7151:
7150:
7135:
7130:
7125:
7120:
7114:
7112:
7106:
7105:
7103:
7102:
7097:
7096:
7095:
7090:
7085:
7075:
7074:
7073:
7063:
7058:
7053:
7048:
7047:
7046:
7041:
7036:
7026:
7025:
7024:
7019:
7014:
7004:
6999:
6997:Ballot measure
6993:
6991:
6985:
6984:
6982:
6981:
6976:
6974:Legal treatise
6971:
6970:
6969:
6964:
6954:
6953:
6952:
6942:
6940:Letters patent
6937:
6932:
6931:
6930:
6920:
6915:
6910:
6901:
6895:
6893:
6891:Sources of law
6887:
6886:
6884:
6883:
6878:
6876:Unenforced law
6873:
6868:
6863:
6858:
6853:
6848:
6843:
6838:
6833:
6828:
6823:
6822:
6821:
6816:
6806:
6801:
6796:
6791:
6786:
6781:
6776:
6771:
6766:
6761:
6756:
6751:
6746:
6741:
6736:
6731:
6726:
6721:
6716:
6711:
6706:
6701:
6695:
6690:
6685:
6680:
6675:
6670:
6665:
6660:
6655:
6650:
6648:Commercial law
6645:
6640:
6635:
6630:
6625:
6620:
6614:
6612:
6608:
6607:
6605:
6604:
6599:
6594:
6589:
6588:
6587:
6577:
6572:
6567:
6566:
6565:
6560:
6550:
6545:
6540:
6535:
6530:
6525:
6520:
6515:
6514:
6513:
6503:
6498:
6493:
6488:
6482:
6480:
6476:
6475:
6468:
6467:
6460:
6453:
6445:
6439:
6438:
6432:
6426:
6419:
6407:
6395:
6385:
6368:
6366:
6358:
6352:
6344:
6331:
6330:External links
6328:
6327:
6326:
6300:
6294:
6273:
6255:
6240:
6234:
6219:
6205:
6191:Milsom, S.F.C.
6188:
6182:
6169:
6163:
6147:
6141:
6133:Selden Society
6121:
6115:
6098:
6092:
6067:
6061:
6046:
6041:978-0674604810
6040:
6025:
6019:
6006:
6000:
5985:
5970:
5947:
5944:
5941:
5940:
5927:
5910:
5871:
5854:
5853:
5851:
5848:
5846:
5845:
5835:
5825:
5812:
5795:
5785:
5772:
5763:
5744:
5718:
5693:
5670:
5637:
5611:
5599:
5563:
5522:
5510:
5482:
5470:
5457:
5438:(3): 289–300.
5422:
5410:
5398:
5384:
5371:
5347:
5335:
5317:
5308:
5289:
5280:
5255:
5235:
5231:Sineneng-Smith
5222:
5199:
5190:
5154:
5149:lawteacher.net
5131:
5101:
5080:
5055:
5043:
5031:
5016:
4997:
4980:
4954:
4928:
4921:
4903:
4893:
4884:
4874:
4822:
4800:
4783:
4771:
4759:
4746:
4734:
4727:The Common Law
4721:The Common Law
4713:
4694:(8): 457–478.
4674:
4661:
4636:
4621:
4608:
4596:
4583:
4564:
4558:
4540:
4527:
4502:
4489:
4468:
4451:
4438:
4424:
4406:
4391:
4379:
4367:
4355:
4348:
4313:
4308:, Chapter 13,
4297:
4278:(6): 647–666.
4258:
4232:
4225:Selden Society
4206:
4181:
4172:
4162:
4136:
4119:
4095:
4083:
4060:
4051:
4010:
3989:
3977:
3962:
3950:
3931:
3889:
3879:four part test
3857:
3847:
3829:
3807:
3794:
3780:
3755:
3743:
3731:
3717:
3705:
3680:
3668:Lord Mansfield
3659:
3650:
3641:
3625:
3612:
3594:
3575:
3549:
3527:
3495:
3474:
3454:(7): 593–607.
3429:
3416:
3392:
3382:
3353:
3332:
3311:
3295:
3286:
3268:
3251:
3229:
3199:
3179:
3177:
3174:
3173:
3172:
3167:
3162:
3157:
3152:
3147:
3142:
3133:
3128:
3123:
3118:
3116:Outline of law
3111:
3108:
3049:The Common Law
2977:
2974:
2960:
2957:
2895:
2894:
2845:
2843:
2836:
2830:
2827:
2786:
2783:
2775:William Walker
2771:Mosquito Coast
2763:
2760:
2754:
2751:
2738:
2735:
2714:
2711:
2703:
2700:
2695:
2692:
2683:
2680:
2662:guidelines on
2660:United Nations
2634:
2631:
2590:British Empire
2579:Southeast Asia
2536:
2533:
2508:
2505:
2479:Swift v. Tyson
2438:Swift v. Tyson
2404:
2401:
2370:Western states
2345:
2342:
2331:procedural law
2279:
2276:
2234:New Netherland
2229:
2226:
2224:
2221:
2217:House of Lords
2135:
2132:
2089:
2088:
2065:
2046:United Kingdom
2043:
2038:
2033:
2028:
2023:
2018:
2015:
2010:
2005:
2000:
1997:
1992:
1987:
1982:
1977:
1974:
1969:
1958:
1940:
1937:
1932:
1927:
1908:
1905:
1903:
1900:
1864:commercial law
1840:
1837:
1820:Swift v. Tyson
1769:
1766:
1731:
1728:
1665:Main article:
1662:
1659:
1657:
1654:
1597:
1594:
1522:
1519:
1499:Louis Brandeis
1456:
1450:
1441:Byrne v Boadle
1404:
1401:
1395:
1394:Jeremy Bentham
1392:
1371:
1368:
1342:
1339:
1330:
1327:
1271:
1268:
1099:
1096:
1086:. The type of
1064:criminal cases
978:
975:
967:
964:
920:rights apply.
907:
904:
893:House of Lords
828:
822:
736:
733:
724:Jeremy Bentham
709:
706:
685:
682:
680:finding aids.
660:
657:
541:constructed".
479:
478:
433:
431:
424:
418:
415:
411:regulatory law
385:
382:
380:
377:
357:William Markby
332:Jeremy Bentham
273:
270:
262:federal system
138:legal system.
128:British Empire
26:
9:
6:
4:
3:
2:
7703:
7692:
7691:Legal systems
7689:
7687:
7686:Legal history
7684:
7682:
7679:
7678:
7676:
7661:
7660:
7656:
7654:
7653:
7649:
7647:
7646:
7635:
7633:
7632:
7627:
7621:
7620:
7617:
7609:
7606:
7605:
7604:
7601:
7600:
7598:
7594:
7588:
7585:
7583:
7580:
7578:
7575:
7573:
7570:
7568:
7565:
7561:
7558:
7557:
7556:
7553:
7549:
7546:
7545:
7544:
7541:
7539:
7536:
7534:
7531:
7529:
7526:
7524:
7521:
7519:
7516:
7514:
7513:Civil society
7511:
7509:
7506:
7504:
7501:
7499:
7496:
7494:
7491:
7490:
7488:
7484:
7478:
7475:
7473:
7472:Trier of fact
7470:
7468:
7465:
7463:
7460:
7458:
7455:
7453:
7450:
7446:
7443:
7441:
7438:
7436:
7433:
7431:
7428:
7426:
7423:
7421:
7418:
7416:
7413:
7412:
7411:
7408:
7406:
7403:
7401:
7398:
7396:
7393:
7391:
7388:
7386:
7383:
7379:
7376:
7374:
7371:
7370:
7369:
7366:
7364:
7361:
7359:
7358:Legal opinion
7356:
7354:
7351:
7349:
7346:
7344:
7341:
7339:
7338:Court-martial
7336:
7334:
7331:
7329:
7326:
7324:
7321:
7319:
7316:
7315:
7313:
7311:
7310:Jurisprudence
7307:
7301:
7298:
7296:
7293:
7291:
7288:
7286:
7283:
7281:
7278:
7276:
7273:
7271:
7268:
7266:
7263:
7261:
7258:
7256:
7253:
7251:
7248:
7246:
7243:
7241:
7238:
7236:
7233:
7231:
7228:
7226:
7223:
7222:
7220:
7216:
7210:
7207:
7205:
7202:
7200:
7199:Statutory law
7197:
7195:
7194:Socialist law
7192:
7188:
7187:Byzantine law
7185:
7184:
7183:
7180:
7176:
7173:
7171:
7168:
7166:
7163:
7161:
7158:
7156:
7153:
7149:
7146:
7145:
7144:
7141:
7140:
7139:
7138:Religious law
7136:
7134:
7131:
7129:
7126:
7124:
7121:
7119:
7116:
7115:
7113:
7111:
7110:Legal systems
7107:
7101:
7098:
7094:
7091:
7089:
7086:
7084:
7081:
7080:
7079:
7078:Statutory law
7076:
7072:
7069:
7068:
7067:
7064:
7062:
7059:
7057:
7054:
7052:
7049:
7045:
7042:
7040:
7037:
7035:
7032:
7031:
7030:
7027:
7023:
7020:
7018:
7015:
7013:
7010:
7009:
7008:
7005:
7003:
7000:
6998:
6995:
6994:
6992:
6990:
6986:
6980:
6977:
6975:
6972:
6968:
6965:
6963:
6960:
6959:
6958:
6955:
6951:
6948:
6947:
6946:
6943:
6941:
6938:
6936:
6933:
6929:
6926:
6925:
6924:
6921:
6919:
6916:
6914:
6911:
6909:
6908:Statutory law
6905:
6902:
6900:
6897:
6896:
6894:
6892:
6888:
6882:
6879:
6877:
6874:
6872:
6869:
6867:
6866:Transport law
6864:
6862:
6859:
6857:
6854:
6852:
6849:
6847:
6844:
6842:
6839:
6837:
6834:
6832:
6829:
6827:
6824:
6820:
6817:
6815:
6812:
6811:
6810:
6807:
6805:
6802:
6800:
6797:
6795:
6792:
6790:
6787:
6785:
6784:Legal fiction
6782:
6780:
6777:
6775:
6772:
6770:
6767:
6765:
6762:
6760:
6757:
6755:
6752:
6750:
6747:
6745:
6742:
6740:
6737:
6735:
6732:
6730:
6727:
6725:
6722:
6720:
6717:
6715:
6714:Financial law
6712:
6710:
6707:
6705:
6702:
6699:
6696:
6694:
6691:
6689:
6686:
6684:
6681:
6679:
6676:
6674:
6673:Corporate law
6671:
6669:
6666:
6664:
6661:
6659:
6656:
6654:
6651:
6649:
6646:
6644:
6641:
6639:
6636:
6634:
6631:
6629:
6626:
6624:
6621:
6619:
6616:
6615:
6613:
6609:
6603:
6600:
6598:
6597:Statutory law
6595:
6593:
6590:
6586:
6583:
6582:
6581:
6578:
6576:
6573:
6571:
6568:
6564:
6561:
6559:
6556:
6555:
6554:
6551:
6549:
6546:
6544:
6541:
6539:
6536:
6534:
6531:
6529:
6526:
6524:
6521:
6519:
6516:
6512:
6509:
6508:
6507:
6504:
6502:
6499:
6497:
6494:
6492:
6489:
6487:
6484:
6483:
6481:
6479:Core subjects
6477:
6473:
6466:
6461:
6459:
6454:
6452:
6447:
6446:
6443:
6436:
6433:
6430:
6427:
6425:
6424:
6420:
6418:
6414:
6411:
6408:
6406:
6402:
6399:
6396:
6394:
6391:
6390:
6386:
6384:
6379:
6375:
6374:
6369:
6367:
6365:
6363:
6359:
6357:
6353:
6351:
6349:
6345:
6343:
6339:
6338:
6334:
6333:
6323:
6319:
6315:
6311:
6310:
6305:
6301:
6297:
6291:
6287:
6283:
6279:
6274:
6262:
6258:
6252:
6248:
6247:
6241:
6237:
6231:
6227:
6226:
6220:
6218:
6214:
6210:
6206:
6204:
6200:
6196:
6192:
6189:
6185:
6179:
6175:
6170:
6166:
6160:
6156:
6152:
6148:
6144:
6138:
6134:
6130:
6126:
6122:
6118:
6112:
6107:
6106:
6099:
6095:
6089:
6085:
6081:
6076:
6075:
6068:
6064:
6058:
6054:
6053:
6047:
6043:
6037:
6033:
6032:
6026:
6022:
6020:9780801477416
6016:
6012:
6007:
6003:
6001:9781685612429
5997:
5993:
5992:
5986:
5984:Chapters 1–6.
5981:
5977:
5973:
5971:9781316632345
5967:
5963:
5959:
5955:
5950:
5949:
5937:
5931:
5924:
5920:
5914:
5907:
5906:
5901:
5897:
5894:
5890:
5886:
5885:
5880:
5875:
5868:
5864:
5859:
5855:
5839:
5829:
5822:
5816:
5809:
5805:
5799:
5789:
5782:
5776:
5767:
5760:
5759:
5754:
5748:
5732:
5728:
5722:
5707:
5703:
5697:
5689:
5685:
5681:
5674:
5666:
5660:
5652:
5648:
5641:
5626:on 4 May 2008
5625:
5621:
5615:
5608:
5603:
5584:
5577:
5575:
5567:
5560:
5545:
5538:
5537:
5532:
5526:
5519:
5514:
5498:
5497:
5492:
5486:
5480:, p. 273
5479:
5474:
5467:
5461:
5453:
5449:
5445:
5441:
5437:
5433:
5426:
5420:, p. 276
5419:
5414:
5408:, p. 255
5407:
5402:
5394:
5388:
5381:
5375:
5368:
5367:
5362:
5358:
5357:
5351:
5344:
5339:
5331:
5329:
5321:
5312:
5304:
5300:
5293:
5284:
5277:
5274:
5270:
5266:
5265:
5259:
5253:
5252:
5247:
5246:
5239:
5232:
5226:
5219:(3): 447–518.
5218:
5214:
5210:
5203:
5194:
5178:
5174:
5170:
5163:
5161:
5159:
5150:
5146:
5140:
5138:
5136:
5127:
5123:
5119:
5115:
5111:
5105:
5099:
5095:
5092:
5089:
5084:
5069:
5065:
5059:
5053:
5047:
5040:
5035:
5029:
5027:
5020:
5012:
5008:
5001:
4994:
4990:
4984:
4968:
4964:
4958:
4942:
4938:
4932:
4924:
4918:
4914:
4907:
4897:
4888:
4878:
4872:
4871:
4866:
4865:
4860:
4856:
4852:
4848:
4844:
4840:
4836:
4832:
4826:
4818:
4814:
4810:
4804:
4797:
4793:
4787:
4780:
4775:
4768:
4763:
4756:
4750:
4743:
4738:
4730:
4728:
4722:
4717:
4709:
4705:
4701:
4697:
4693:
4689:
4685:
4678:
4671:
4665:
4657:
4653:
4649:
4648:
4640:
4632:
4625:
4618:
4612:
4603:
4601:
4593:
4587:
4580:
4576:
4575:
4568:
4561:
4559:9780787663704
4555:
4551:
4544:
4537:
4531:
4524:
4520:
4517:Peter Stein,
4516:
4512:
4509:Peter Stein,
4506:
4499:
4493:
4487:35–38 (1866).
4486:
4482:
4478:
4472:
4465:
4461:
4455:
4449:89–92 (1988).
4448:
4442:
4436:
4434:
4428:
4420:
4418:
4410:
4404:
4400:
4395:
4388:
4383:
4376:
4371:
4364:
4359:
4351:
4345:
4341:
4337:
4333:
4332:
4324:
4322:
4320:
4318:
4311:
4307:
4301:
4293:
4289:
4285:
4281:
4277:
4273:
4269:
4262:
4256:
4253:
4252:
4246:
4242:
4236:
4230:
4226:
4222:
4218:
4215:
4210:
4203:
4196:
4192:
4185:
4176:
4166:
4159:
4155:
4151:
4150:
4143:
4141:
4133:
4129:
4123:
4116:
4112:
4109:
4105:
4104:Yeo Tiong Min
4099:
4092:
4087:
4079:
4077:
4069:
4067:
4065:
4055:
4048:
4047:Ex parte Holt
4044:
4040:
4036:
4032:
4028:
4024:
4020:
4014:
3999:
3993:
3986:
3981:
3973:
3966:
3959:
3954:
3946:
3942:
3935:
3928:
3923:
3919:
3915:
3911:
3907:
3903:
3896:
3894:
3886:
3884:
3880:
3873:
3866:
3864:
3862:
3851:
3843:
3839:
3833:
3826:
3820:
3818:
3816:
3814:
3812:
3801:
3799:
3791:
3790:
3784:
3769:
3765:
3759:
3752:
3747:
3740:
3735:
3728:
3727:
3721:
3714:
3709:
3694:
3693:www.geron.org
3690:
3684:
3677:
3673:
3669:
3663:
3654:
3645:
3638:
3637:Ex parte Holt
3634:
3629:
3623:
3621:
3616:
3609:
3604:
3598:
3590:
3584:
3582:
3580:
3563:
3559:
3553:
3547:
3543:
3540:
3537:
3531:
3512:
3505:
3499:
3493:
3489:
3486:
3484:
3478:
3469:
3465:
3461:
3457:
3453:
3449:
3442:
3440:
3438:
3436:
3434:
3426:
3420:
3413:
3409:
3406:
3402:
3396:
3389:
3385:
3383:9780195077698
3379:
3375:
3370:
3369:
3360:
3358:
3350:
3348:
3342:
3336:
3329:
3324:
3322:
3320:
3318:
3316:
3308:
3304:
3299:
3290:
3283:
3282:
3275:
3273:
3265:
3261:
3255:
3248:
3246:
3245:statutory law
3242:
3238:
3232:
3230:9780195077698
3226:
3222:
3218:
3213:
3212:
3203:
3196:
3192:
3189:
3184:
3180:
3171:
3168:
3166:
3163:
3161:
3158:
3156:
3153:
3151:
3148:
3146:
3143:
3141:
3138:, or Code of
3137:
3134:
3132:
3129:
3127:
3124:
3122:
3119:
3117:
3114:
3113:
3107:
3105:
3101:
3097:
3093:
3088:
3086:
3082:
3078:
3073:
3071:
3067:
3063:
3059:
3055:
3051:
3050:
3045:
3041:
3037:
3032:
3030:
3025:
3021:
3020:
3014:
3012:
3008:
3007:
3002:
2998:
2992:
2991:
2986:
2982:
2973:
2971:
2970:stare decisis
2965:
2956:
2954:
2950:
2945:
2941:
2937:
2933:
2929:
2925:
2921:
2917:
2913:
2909:
2905:
2901:
2891:
2888:
2880:
2870:
2866:
2862:
2856:
2855:
2851:
2846:This section
2844:
2840:
2835:
2834:
2826:
2824:
2820:
2816:
2812:
2807:
2806:supreme court
2803:
2799:
2795:
2791:
2785:Israel (1948)
2782:
2780:
2779:Somoza family
2776:
2772:
2768:
2759:
2750:
2747:
2745:
2734:
2732:
2728:
2723:
2720:
2710:
2708:
2702:Canada (1867)
2699:
2691:
2689:
2679:
2677:
2673:
2669:
2665:
2661:
2657:
2652:
2644:
2639:
2630:
2627:
2623:
2619:
2615:
2611:
2607:
2606:British India
2603:
2599:
2595:
2591:
2586:
2584:
2580:
2576:
2572:
2568:
2567:
2562:
2561:
2556:
2555:Ancient India
2552:
2550:
2546:
2542:
2532:
2530:
2526:
2522:
2517:
2515:
2504:
2502:
2501:
2496:
2490:
2488:
2484:
2480:
2476:
2472:
2468:
2464:
2459:
2456:
2452:
2448:
2444:
2440:
2439:
2434:
2433:Joseph Storey
2430:
2429:
2420:
2415:
2410:
2400:
2398:
2394:
2390:
2386:
2382:
2381:
2375:
2371:
2367:
2363:
2359:
2355:
2351:
2341:
2338:
2336:
2332:
2328:
2324:
2320:
2315:
2313:
2309:
2305:
2301:
2297:
2293:
2289:
2285:
2275:
2273:
2269:
2265:
2261:
2257:
2256:feudal system
2253:
2248:
2244:
2240:
2235:
2220:
2218:
2214:
2210:
2205:
2203:
2199:
2198:
2193:
2188:
2187:Supreme Court
2183:
2180:
2179:stare decisis
2176:
2172:
2168:
2164:
2160:
2156:
2151:
2150:
2144:
2140:
2131:
2128:
2126:
2122:
2118:
2114:
2110:
2106:
2102:
2098:
2094:
2086:
2082:
2078:
2074:
2070:
2066:
2063:
2059:
2055:
2051:
2047:
2044:
2042:
2039:
2037:
2034:
2032:
2029:
2027:
2024:
2022:
2019:
2016:
2014:
2011:
2009:
2006:
2004:
2001:
1998:
1996:
1993:
1991:
1988:
1986:
1983:
1981:
1978:
1975:
1973:
1970:
1967:
1963:
1959:
1956:
1952:
1948:
1944:
1941:
1938:
1936:
1933:
1931:
1928:
1925:
1921:
1917:
1914:
1913:
1912:
1899:
1896:
1892:
1888:
1883:
1881:
1877:
1873:
1869:
1865:
1861:
1856:
1854:
1850:
1846:
1845:jurisprudence
1836:
1834:
1829:
1826:
1822:
1821:
1816:
1815:
1810:
1809:amicus briefs
1804:
1800:
1796:
1793:
1789:
1784:
1782:
1777:
1774:
1765:
1762:
1761:
1760:stare decisis
1755:
1753:
1749:
1745:
1740:
1738:
1735:example, the
1727:
1725:
1720:
1719:
1712:
1710:
1706:
1702:
1698:
1697:South America
1694:
1690:
1686:
1678:
1673:
1668:
1653:
1649:
1647:
1643:
1639:
1635:
1631:
1627:
1623:
1619:
1615:
1611:
1607:
1603:
1593:
1591:
1586:
1584:
1580:
1576:
1572:
1567:
1563:
1559:
1554:
1552:
1548:
1543:
1541:
1537:
1533:
1529:
1518:
1516:
1512:
1506:
1504:
1500:
1494:
1492:
1488:
1481:
1478:
1473:
1471:
1467:
1463:
1455:
1454:stare decisis
1449:
1447:
1443:
1442:
1436:
1432:
1430:
1425:
1423:
1418:
1414:
1410:
1400:
1391:
1389:
1384:
1382:
1377:
1374:According to
1367:
1361:
1356:
1354:
1353:
1348:
1338:
1335:
1326:
1324:
1320:
1316:
1315:
1310:
1306:
1305:
1300:
1299:
1294:
1290:
1286:
1281:
1276:
1267:
1265:
1261:
1257:
1253:
1249:
1248:statutory law
1245:
1240:
1238:
1234:
1230:
1226:
1221:
1219:
1215:
1211:
1207:
1206:Thomas Becket
1203:
1198:
1196:
1192:
1188:
1182:
1180:
1179:stare decisis
1175:
1171:
1167:
1166:Privy Council
1163:
1159:
1155:
1154:
1148:
1146:
1142:
1138:
1134:
1129:
1125:
1117:
1113:
1109:
1104:
1095:
1093:
1089:
1085:
1081:
1077:
1073:
1069:
1065:
1061:
1057:
1053:
1048:
1046:
1042:
1037:
1035:
1031:
1027:
1022:
1020:
1016:
1012:
1008:
1004:
1000:
996:
992:
988:
984:
973:
963:
959:
957:
951:
948:
947:choice of law
944:
940:
939:corporate law
934:
931:
926:
921:
919:
914:
903:
901:
896:
894:
890:
885:
881:
877:
872:
869:
865:
862:, always sit
861:
857:
852:
850:
844:
842:
838:
834:
827:
826:stare decisis
821:
819:
815:
809:
807:
803:
802:solemnization
799:
795:
789:
787:
783:
779:
775:
771:
764:
762:
758:
752:
750:
746:
742:
732:
730:
725:
721:
719:
715:
705:
703:
699:
695:
691:
681:
678:
674:
668:
666:
656:
653:
647:
644:
643:
638:
634:
633:
628:
621:
618:
614:
610:
606:
602:
598:
594:
590:
586:
582:
576:
574:
570:
566:
565:
559:
556:
551:
547:
542:
539:
535:
531:
530:
524:
521:
517:
516:
511:
505:
503:
502:gradual steps
499:
493:
490:
485:
475:
472:
464:
461:February 2024
454:
450:
446:
440:
439:
434:This section
432:
423:
422:
414:
412:
408:
407:statutory law
404:
399:
395:
390:
376:
374:
370:
366:
362:
358:
354:
350:
346:
345:
339:
337:
333:
329:
328:
323:
322:
315:
313:
309:
305:
301:
297:
296:jurisdictions
293:
292:constitutions
289:
285:
281:
280:
276:According to
269:
267:
263:
259:
258:United States
255:
251:
247:
243:
239:
235:
231:
227:
223:
219:
215:
211:
207:
203:
199:
195:
191:
187:
183:
179:
174:
172:
168:
164:
160:
156:
152:
148:
147:statutory law
144:
139:
137:
133:
132:legal systems
129:
125:
121:
116:
114:
113:Appeal Courts
110:
106:
102:
101:statutory law
98:
94:
90:
86:
82:
81:
80:Stare decisis
76:
71:
69:
65:
61:
57:
53:
46:
41:
35:
34:
19:
7657:
7650:
7636:
7622:
7395:Jurisdiction
7363:Legal remedy
7318:Adjudication
7218:Legal theory
7122:
7056:Ratification
7051:Promulgation
7022:Proclamation
7002:Codification
6935:Human rights
6923:Divine right
6913:Constitution
6881:Women in law
6799:Military law
6794:Marriage law
6789:Maritime law
6688:Election law
6628:Aviation law
6618:Abortion law
6570:Property law
6506:Criminal law
6422:
6388:
6371:
6361:
6347:
6342:Matthew Hale
6336:
6308:
6277:
6267:30 September
6265:. Retrieved
6261:the original
6245:
6224:
6208:
6194:
6173:
6154:
6128:
6104:
6073:
6051:
6030:
6010:
5990:
5953:
5930:
5922:
5918:
5913:
5903:
5882:
5878:
5874:
5866:
5862:
5858:
5838:
5828:
5820:
5815:
5807:
5803:
5798:
5788:
5780:
5775:
5766:
5757:
5752:
5747:
5735:. Retrieved
5731:the original
5721:
5709:. Retrieved
5705:
5696:
5687:
5683:
5673:
5650:
5640:
5628:. Retrieved
5624:the original
5614:
5602:
5590:. Retrieved
5583:the original
5573:
5566:
5558:
5551:. Retrieved
5544:the original
5535:
5525:
5513:
5501:. Retrieved
5494:
5485:
5473:
5465:
5460:
5435:
5431:
5425:
5413:
5401:
5392:
5387:
5379:
5374:
5364:
5354:
5350:
5342:
5338:
5327:
5320:
5311:
5302:
5292:
5283:
5263:
5258:
5249:
5243:
5238:
5230:
5225:
5216:
5212:
5202:
5193:
5181:. Retrieved
5177:the original
5172:
5148:
5117:
5113:
5104:
5087:
5083:
5071:. Retrieved
5067:
5058:
5046:
5034:
5025:
5019:
5010:
5006:
5000:
4988:
4983:
4971:. Retrieved
4967:the original
4957:
4945:. Retrieved
4941:the original
4931:
4912:
4906:
4901:proceeding".
4896:
4887:
4877:
4869:
4863:
4830:
4825:
4808:
4803:
4786:
4781:, p. 34
4779:Salmond 1907
4774:
4762:
4754:
4749:
4741:
4737:
4726:
4716:
4691:
4687:
4677:
4664:
4646:
4639:
4630:
4624:
4616:
4611:
4591:
4586:
4573:
4567:
4549:
4543:
4535:
4530:
4522:
4518:
4514:
4510:
4505:
4497:
4492:
4484:
4480:
4471:
4463:
4454:
4446:
4441:
4432:
4427:
4416:
4409:
4402:
4394:
4386:
4382:
4374:
4370:
4362:
4358:
4330:
4309:
4305:
4300:
4275:
4271:
4261:
4248:
4235:
4209:
4194:
4184:
4175:
4165:
4148:
4131:
4122:
4098:
4090:
4086:
4075:
4074:"LawGovPol,
4054:
4046:
4042:
4038:
4034:
4030:
4026:
4022:
4018:
4013:
4001:. Retrieved
3992:
3984:
3980:
3971:
3965:
3957:
3953:
3944:
3940:
3934:
3925:
3905:
3901:
3882:
3875:
3871:
3850:
3841:
3832:
3824:
3788:
3783:
3771:. Retrieved
3767:
3758:
3750:
3746:
3738:
3734:
3725:
3720:
3712:
3708:
3696:. Retrieved
3692:
3683:
3671:
3662:
3653:
3644:
3636:
3632:
3628:
3615:
3606:
3602:
3597:
3588:
3566:. Retrieved
3562:the original
3552:
3535:
3534:Liam Boyle,
3530:
3518:. Retrieved
3511:the original
3498:
3482:
3477:
3451:
3447:
3424:
3419:
3400:
3395:
3387:
3367:
3346:
3344:
3340:
3335:
3330:, p. 4.
3302:
3298:
3289:
3279:
3263:
3259:
3254:
3244:
3240:
3236:
3234:
3210:
3202:
3183:
3103:
3099:
3095:
3091:
3089:
3077:Restatements
3074:
3065:
3057:
3053:
3047:
3033:
3017:
3015:
3010:
3004:
2995:
2988:
2969:
2966:
2962:
2943:
2912:South Africa
2898:
2883:
2874:
2859:Please help
2847:
2794:constitution
2788:
2765:
2756:
2748:
2740:
2724:
2716:
2705:
2697:
2685:
2648:
2587:
2583:Gupta Empire
2564:
2560:Arthashastra
2558:
2553:
2538:
2518:
2510:
2498:
2495:Lewis Powell
2491:
2486:
2478:
2474:
2462:
2460:
2446:
2436:
2426:
2424:
2378:
2347:
2339:
2319:criminal law
2317:Louisiana's
2316:
2281:
2266:applying to
2260:codification
2231:
2206:
2195:
2194:is based on
2184:
2178:
2170:
2166:
2137:
2129:
2125:civil rights
2105:bijuridicial
2097:Commonwealth
2090:
2041:South Africa
1964:, Barbados,
1910:
1886:
1884:
1860:criminal law
1857:
1847:(similar to
1842:
1832:
1830:
1824:
1818:
1812:
1805:
1801:
1797:
1785:
1778:
1771:
1758:
1756:
1748:Soviet Union
1741:
1733:
1713:
1682:
1676:
1650:
1645:
1599:
1587:
1555:
1544:
1524:
1514:
1510:
1507:
1496:
1483:
1474:
1458:
1453:
1439:
1437:
1433:
1426:
1417:constitution
1406:
1397:
1385:
1380:
1373:
1359:
1357:
1350:
1344:
1336:
1332:
1318:
1312:
1308:
1302:
1296:
1292:
1277:
1273:
1259:
1241:
1223:The English
1222:
1199:
1190:
1186:
1183:
1178:
1162:Star Chamber
1151:
1149:
1121:
1068:compensating
1049:
1038:
1023:
980:
960:
952:
935:
929:
922:
909:
897:
873:
867:
863:
853:
848:
845:
830:
825:
810:
791:
785:
781:
777:
773:
769:
766:
760:
753:
738:
722:
714:Roscoe Pound
711:
702:law of torts
698:contract law
687:
669:
662:
648:
640:
636:
632:Winterbottom
630:
626:
623:
616:
612:
608:
604:
600:
596:
592:
588:
584:
580:
578:
572:
562:
560:
554:
549:
545:
543:
537:
533:
527:
525:
520:Winterbottom
519:
513:
506:
494:
482:
467:
458:
435:
394:jurisdiction
391:
387:
369:Roscoe Pound
342:
340:
325:
319:
316:
303:
277:
275:
242:South Africa
175:
140:
117:
78:
72:
55:
51:
50:
31:
7567:Legislature
7498:Bureaucracy
7295:Rule of man
7290:Rule of law
7265:Libertarian
7128:Chinese law
7029:Legislation
6979:Regulations
6967:Law reports
6945:Natural law
6841:Reparations
6836:Refugee law
6759:Jurimetrics
6700:(Media law)
6638:Banking law
6633:Amnesty law
6611:Disciplines
6548:Private law
5843:Judicature.
5783:(2011) P 51
5592:22 February
5520:, p. 2
5499:. 1890–1923
5278: (1812)
5183:17 November
5120:(2). 1971.
4594:(1765–1769)
4479:(transl.),
4460:Peter Birks
4102:See, e.g.,
3773:3 September
3481:JuriGlobe,
3170:Life estate
3100:Jus Feudale
2997:Edward Coke
2549:British Raj
2525:regulations
2304:Spanish law
2247:Netherlands
2103:, which is
2085:Puerto Rico
2077:Territories
2031:Philippines
2021:New Zealand
1705:Francophone
1636:, case (or
1470:Edward Coke
1347:Edward Coke
1314:in personam
1229:Magna Carta
1153:Curia Regis
1128:Plantagenet
1060:civil cases
995:Anglo-Saxon
972:English law
749:Lochner era
665:law reports
567:, in 1916,
365:John Austin
353:A. V. Dicey
232:, Nigeria,
230:New Zealand
186:The Bahamas
171:legal codes
155:legislature
151:regulations
105:Legislature
33:Jus commune
7681:Common law
7675:Categories
7560:Law school
7440:Prosecutor
7378:Magistrate
7165:Jewish law
7123:Common law
7044:Rulemaking
7039:Regulation
6989:Law making
6928:Divine law
6904:Legal code
6851:Sports law
6774:Law of war
6724:Health law
6709:Family law
6693:Energy law
6643:Bankruptcy
6580:Punishment
6575:Public law
6282:Woodbridge
6217:0406625034
6203:0231129947
6082:. p.
5810:(1975) 36.
5478:Glenn 2000
5418:Glenn 2000
5406:Glenn 2000
5167:LangstoT.
4202:SPEECH Act
4170:statute.")
4003:2 February
3908:(6): 381.
3568:6 November
3412:Archive-It
3307:5 U.S. 137
3241:common law
3237:common law
3219:. p.
3176:References
3165:Fee simple
3092:common law
3042:, Justice
3006:Institutes
2944:code civil
2670:. Certain
2566:Manusmriti
2477:overruled
2354:California
2350:U.S. state
2300:French law
2264:Field Code
2239:recaptured
1930:Bangladesh
1691:, most of
1620:, special
1503:his briefs
1448:doctrine.
1370:Blackstone
1298:Institutes
1264:Year Books
1244:Parliament
1237:Legal year
1195:Cornishmen
1158:Parliament
1106:A view of
1080:negligence
1030:Year Books
1026:plea rolls
970:See also:
642:MacPherson
627:MacPherson
445:improve it
351:including
272:Definition
260:(both the
192:(both the
107:or in the
52:Common law
18:Common-law
7538:Judiciary
7533:Executive
7508:The bench
7445:Solicitor
7420:Barrister
7300:Sociology
7285:Pseudolaw
7225:Anarchist
7182:Roman law
7170:Parsi law
7155:Hindu law
7143:Canon law
7118:Civil law
7071:Concordat
6962:Precedent
6871:Trust law
6846:Space law
6683:Drugs law
6553:Procedure
6491:Civil law
5980:242539685
5879:See, e.g.
5690:(2): 341.
5630:17 August
5518:Jain 2006
5452:0020-5893
4835:Lecture I
4796:0738-2480
4525:. (1988).
4466:7 (1987).
4197:. London.
4117:" (2006).
3136:Doom book
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2171:precedent
2167:precedent
2081:Louisiana
2036:Singapore
1980:Hong Kong
1920:federally
1916:Australia
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1724:Roman law
1685:civil law
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