Common-law judges find the grounds for their decisions in law reports, which contain decisions of past controversies. Under the doctrine of Stare Decisis, common-law judges are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same. A court's ...
RegisterLog in Sign up with one click: Facebook Twitter Google Share on Facebook common law Thesaurus Medical Legal Financial Acronyms Idioms Encyclopedia Wikipedia Related to common law:civil law,Common law marriage common law n. 1.Law established by court decisions rather than by statutes enacted...
two or more parties; the losing party in a lower court may appeal the decision to a superior court, and a small proportion of these appeals ultimately reaches the country's supreme court where review, in theory, is confined to disputes over law (and not facts) (see Appeals: Legal). This...
“I hear the Supreme Court says you can now trademark offensive terms, is that true?” While well-intentioned, each of these questions is either grammatically or factually incorrect. Why? Because, quite simply, “trademark” is not a verb and should never be used as a verb in a legal co...
The court rejected the city’s efforts to sue under state nuisance law for damages caused by the companies’ “admittedly legal” production and sale of fossil fuels, and said the city’s federal common law claims were displaced by the Clean Air Act. ...
Common law, the body of customary law, based on judicial decisions and embodied in reports of decided cases, that has been administered by the courts of England since the Middle Ages. From it has evolved the legal systems found in the United States and m
contra legem against the law Used when a court or tribunal hands down a decision that is contrary to the laws of the governing state. contra proferentem against the one bringing forth Used in contract law to stipulate that an ambiguous term in a contract shall be interpreted against the intere...
in common dies, and each interest may be separately sold, mortgaged or willed to another. Thus, unlike a joint tenancy interest which passes automatically to the survivor, upon the death of a tenant in common there must be a probate (court supervised administration) of the estate of the ...
Civil law is a comprehensive, codified set of legal statutes created by legislators. A civil system clearly defines the cases that can be brought to court, the procedures for handling claims, and the punishment for an offense. Judicial authorities use the conditions in the applicable civil code...
If the couple divorces or obtains a legal separation and the former spouses can't decide how to divide their marital property, a court will decide for them. In non-community property states, assets are divided according to "equitable distribution." In community property states, there are some ...