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Meaning & use

common law

noun, adjective·Academiclegal

Last updated

UK/ˌkɒmən ˈlɔː/
US/ˌkɑːmən ˈlɔː/

Meanings

  1. noununcountablelaw

    The system of law built up from past court decisions and long-standing custom, rather than only from written laws passed by a legislature.

    Grammar: Takes no article for the system as a whole: under common law, judges follow earlier rulings.

    Patterns

    • under common law
    • at common law

    In England, much of contract law developed through common law.

    Under common law, judges look to earlier cases for guidance.

    The country inherited common law from its former rulers.

  2. adjectivebefore a nounlegal

    Describing a relationship or right that is recognized because of how people have lived or acted, even without a formal ceremony or paper.

    Grammar: Written common-law before a noun: a common-law husband.

    Patterns

    • a common-law partner

    They lived as common-law partners for twelve years.

    In some places a common-law marriage gives the couple legal rights.

    Her common-law husband took care of the paperwork.

Common combinations

common law system
The United States uses a common law system in most states.
under common law
Under common law, the owner is responsible for the damage.
common-law marriage
The couple's common-law marriage was recognized in their province.
common-law partner
She named her common-law partner on the form.
develop through common law
These rules developed through common law over centuries.

Synonyms and how they differ

case law
Case law means the body of past court decisions, which is the main material of common law, so it is narrower in scope.
precedent
A precedent is one earlier decision a court may follow, while common law is the whole system built from many such decisions.
customary law
Customary law comes from long-standing traditions of a community, while common law is shaped by judges' written decisions.

Opposites

statute law

Word family

common-law adjective
relating to common law or to a relationship recognized without ceremony
law noun
the rules of a country or community
statute noun
a written law passed by a legislature

Commonly confused: common law or civil law?

common law vs civil law

Civil law here means a system based mainly on written codes, which contrasts with common law, though it also has another meaning, disputes between private parties.

Practice

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