For other meanings of the term, within the field of law, see common law (disambiguation).

The common law forms a major part of the law of many nations, especially those with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by judges hearing real cases.

There are three important meanings to the term:

• Common law as opposed to statutory law and regulatory law: One is used to distinguish the authority that promulgated a particular proposition of law: for example, the United States typically has "statutes" enacted by a legislature, "regulations" (or "rules") promulgated by executive branch agencies pursuant to a delegation of rule-making authority from a legislature, and "common law," the general laws in effect when the United States was formed. These laws are still in effect unless specifically changed by statute. Norfolk v Chesapeake, 104 S.Ct. 304. The best known examples are common law marriages (though no longer accepted in most States) and names (most women use a common law name after they marry). The term is also used for "case law" or "decisional law" or "precedential law") issued by courts (or quasi-judicial tribunals within agencies) that discuss and decide the fine distinctions in statutes and regulations. See statutory law and non-statutory law.
• Common law as opposed to civil law: The second distinguishes "common law" jurisdictions (most of which descend from the English legal system) that place great weight on such common law decisions, from "civil law", "continental" or "code" jurisdictions, heavily influenced by 2000 year old Roman law, its study in European universities and its practice by professional lawyers from the 12th century on, and centred on codes like the French Napoleonic code or the German BGB. In civil law jurisdictions, the weight accorded to judicial precedent is much less.
• Law as opposed to equity: The third distinguishes "common law" (or simply "law") from "equity". Until the beginning of the 20th century, most common law jurisdictions had two parallel court systems, courts of "law" that could only award money damages and recognised only the legal owner of property, and courts of "equity" that recognised trusts of property and could issue injunctions, orders to do or stop doing something. Although the separate courts were merged long ago in most jurisdictions, or at least all courts were permitted to apply both law and equity, the distinction between law and equity remains important in categorising and prioritising rights to property, and in the principles that apply to the grant of equitable remedies by the courts. In the United States, the distinction can determine whether the Seventh Amendment's guarantee of a jury trial applies (a determination of a fact necessary to resolution of a "law" claim) or whether the issue can only be decided by a judge (issues of equity).

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Coptic Council calls on Mubarak to pass houses of worship common law - http://bikyamasr.com/?p=5349
jmayton (Joseph Mayton) Sat, 31 Oct 2009 09:08:39 -0000
Coptic Council calls on Mubarak to pass houses of worship common law - http://bikyamasr.com/?p=5349
Omg, I just realized we're common law
esajane (jesserie sanchez) Sat, 31 Oct 2009 03:57:05 -0000
Omg, I just realized we're common law
is gonna ask pres Obama to have congress pass a law that allows me to slap sum Common Sense into dumbass people! : P ++++
LamarJr (Lamar Lane Jr) Sat, 31 Oct 2009 03:18:54 -0000
is gonna ask pres Obama to have congress pass a law that allows me to slap sum Common Sense into dumbass people! : P ++++
My Mother who played Helga on the show hogans heros has been his common law wife since she was 17
cechannel (Mamma Lisa) Sat, 31 Oct 2009 03:15:37 -0000
My Mother who played Helga on the show hogans heros has been his common law wife since she was 17
#haveItoldyou bribery is common in Indonesia?so you can bribe the police to get away from being fined & other law matters.
leonardtheodore (Leonard Theodore) Sat, 31 Oct 2009 02:54:34 -0000
#haveItoldyou bribery is common in Indonesia?so you can bribe the police to get away from being fined & other law matters.
"You know the law," said Beatty. "Where's your common sense? None of those books agree with each other.
rybrdbry451 (Ray Bradbury) Sat, 31 Oct 2009 02:43:45 -0000
"You know the law," said Beatty. "Where's your common sense? None of those books agree with each other.

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