common law

Examples of common law in the following topics:

• Common Law

  • Law of the United States was mainly derived from the common law system of English law.
  • The United States and most Commonwealth countries are heirs to the common law legal tradition of English law.
  • As common law courts, U.S. courts have inherited the principle of stare decisis.
  • American judges, like common law judges elsewhere, not only apply the law, they also make the law.
  • Identify the principles and institutions that comprise the common law tradition

• Primary Sources of American Law

  • The primary sources of American Law are: constitutional law, statutory law, treaties, administrative regulations, and the common law.
  • These sources are constitutional law, statutory law, treaties, administrative regulations, and the common law.
  • At both the federal and state levels, the law of the United States was originally largely derived from the common law system of English law, which was in force at the time of the Revolutionary War.
  • As common law courts, U.S. courts have inherited the principle of stare decisis.
  • However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law.

• Cases and the Law

  • In the US judicial system, cases are decided based on principles established in previous cases; a practice called common law.
  • When a decision in a court case is made and is called law, it typically is referred to as "good law. " Thus, subsequent decisions must abide by that previous decision.
  • This is called "common law," and it is based on the principle that it is unfair to treat similar facts differently in subsequent occasions.
  • Essentially, the body of common law is based on the principles of case precedent and stare decisis.
  • The general principle in common law legal systems is that similar cases should be decided so as to give similar and predictable outcomes, and the principle of precedent is the mechanism by which this goal is attained.

• Civil Law and Criminal Law

  • Criminal law is the body of law that relates to crime and civil law deals with disputes between organizations and individuals.
  • Criminal law is the body of law that relates to crime.
  • An action in criminal law does not necessarily preclude an action in civil law in common law countries, and may provide a mechanism for compensation to the victims of crime.
  • The law of most of the states is based on the common law of England; the notable exception is Louisiana.
  • However, the criminal law of both jurisdictions has been necessarily modified by common law influences and the supremacy of the federal Constitution.

• The Justinian Code

  • There existed three codices of imperial laws and other individual laws, many of which conflicted or were out of date.
  • As opposed to the rest of the corpus, the Novellae appeared in Greek, the common language of the Eastern Empire.
  • As a collection it gathers together the many sources in which the laws and the other rules were expressed or published: proper laws, senatorial consults, imperial decrees, case law, and jurists' opinions and interpretations.
  • This revived Roman law, in turn, became the foundation of law in all civil law jurisdictions.
  • Its influence on common law legal systems has been much smaller, although some basic concepts from the Corpus have survived through Norman law - such as the contrast, especially in the Institutes, between "law" (statute) and custom.

• Labor Laws

  • Labor law is the body of laws, administrative rulings, and precedents that address the legal rights and restrictions pertaining to workers and employers.
  • Collective labor law concerns the relationship between employee, employer, and union.
  • Both types of labor law define employment standards.
  • Government agencies enforce employment standards codified by labor law.
  • Many terms and conditions of the contract are implied by legislation or common law to protect employees and facilitate a fluid labor market.

• Employment Policy

  • United States labor law is a heterogeneous collection of state and federal laws.
  • In most aspects, these two bodies of law overlap.
  • Federal law permits states to enact their own statutes barring discrimination on the basis of race, gender, religion, national origin and age, so long as the state law does not provide less protections than federal law would.
  • In addition, a number of states have modified the general rule that employment is at will by holding that employees may, under that state's common law, have implied contract rights to fair treatment by their employers.
  • US private-sector employees thus do not have the indefinite contracts traditionally common in many European countries, Canada and New Zealand.

• What is legal risk?

  • Generally, all laws in the host country will apply to an entrepreneur's local business operations.
  • Examples include filing procedures, employment law, environmental law, tax law, and ownership requirements.
  • The World Bank has a rather extensive country business law library which can be accessed from their website.
  • It is important to remember that while doing business outside of the home country certain home country laws will still apply.
  • Applicable laws differ from country to country, but one common extension is employment law.

• A Review of the Zeroth Law

  • This law was postulated in the 1930s, after the first and second laws of thermodynamics had been developed and named.
  • It is called the "zeroth" law because it comes logically before the first and second laws (discussed in Atoms on the 1st and 2nd laws).
  • Zeroth law justifies the use of thermodynamic temperature : the common "label" that the three systems in the definition above share is defined as the temperature of the systems.
  • A brief introduction to the zeroth and 1st laws of thermodynamics as well as PV diagrams for students.
  • Discuss how the Zeroth Law of Thermodynamics justifies the use of thermodynamic temperature

• Establishing Justice

  • State courts, which try 98% of litigation, may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts. "
  • Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity.
  • Under the doctrine of the separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case.
  • Rule of law implies that every citizen is subject to the law .
  • Identify the common principles and elements of the justice system in the United States