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common law

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common law

That part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial (court) decisions. English common law became the basis of law in the USA and many other English-speaking countries.

Common law developed after the Norman Conquest 1066 as the law common to the whole of England, rather than local law. As the court system became established under Henry II in the 12th century, and judges' decisions became recorded in law reports, the doctrine of precedent developed. This means that, in deciding a particular case, the court must have regard to the principles of law laid down in earlier reported cases on the same, or similar points, although the law may be extended or varied if the facts of the particular case are sufficiently different. Hence, common law (sometimes called ‘case law’ or ‘judge-made law’) keeps the law in harmony with the needs of the community where no legislation is applicable or where the legislation requires interpretation.



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In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
Why, you'd have to go to Doctors' Commons with a suit, and you'd have to go to a court of Common Law with a suit, and you'd have to go to the House of Lords with a suit, and you'd have to get an Act of Parliament to enable you to marry again, and it would cost you
The precise extent of the common law, and the statute law, the maritime law, the ecclesiastical law, the law of corporations, and other local laws and customs, remains still to be clearly and finally established in Great Britain, where accuracy in such subjects has been more industriously pursued than in any other part of the world.
 
 
 
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