common law

common law   n.  The system of laws originated and developed in England and based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws.

common law

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

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

Main Entry: common law
Function: noun
: a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute common law of torts>: as a : the body of law that was first developed in the English courts of law as distinguished from equity and that allows for particular remedies (as damages or replevin) common law…the right of trial by jury shall be preserved —U.S. Constitution amendment VII> —compare EQUITY 2 b : the body of law developed in England that is the basis of U.S. federal law and of state law in all states except Louisiana —see also the JUDICIAL SYSTEM in the back matter —compare CIVIL LAW 2, STATUTORY LAW