common law
common law — noun
1. A system of law that has grown from court decisions and customs over many centur
A system of law that has grown from court decisions and customs over many centuries, rather than from written laws passed by a government. It began in medieval England and is now followed in the United States and other English-speaking countries.
Under common law, judges build new rules by looking at earlier court decisions.
under common law — prepositional phrase for domain
The United States legal system is based on the English common law tradition.
common law tradition — typical noun collocation
Defence lawyers argued that the contract was invalid under centuries-old common law.
In a common law system, precedent — the ruling of an earlier case — carries great weight.
Countries that follow common law often give judges more freedom than those using civil law.
- case law
Refers more narrowly to the body of law formed by judicial decisions, while 'common law' includes customs and tradition.
- judge-made law
An informal term that emphasises the role of judges; less precise but easier to understand.
- precedent
Refers to the individual rulings that together form common law rather than the system itself.
- statutory law
Laws passed by a legislature, as opposed to judge-made common law.
- civil law
A codified legal system used in continental Europe and many other regions, based on comprehensive written codes.
文法句型
under common law
the common law system
用法筆記
Frequently used with the definite article ('the common law'). Distinguish from 'statutory law' (laws made by a legislature) and 'civil law' (a codified system used in continental Europe and elsewhere).
常見錯誤
common law — adjective
1. Describing a relationship in which two people live together as life partners and
Describing a relationship in which two people live together as life partners and are treated as married by law, even though they never had a formal wedding or government registration.
After twelve years together, Wei and Amara registered as common-law partners in Canada.
common-law + partners — standard collocation
Some jurisdictions grant common-law spouses the same inheritance rights as married couples.
common-law + spouses — legal recognition pattern
After Sofia passed away, Liam filed a legal claim as her common-law husband.
Tax rules for common-law couples vary widely between states and provinces.
The couple's common-law marriage was recognised when they moved to a different province.
- de facto
A Latin legal term meaning 'in fact, not by law'; used similarly for relationships that exist in practice without formal ceremony.
- cohabiting
Describes living together without the legal implications of 'common-law'; a broader, less legal term.
- married
Legally wed through a formal ceremony or registration.
文法句型
common-law + noun (marriage / spouse / partner / husband / wife)
用法筆記
Always appears before a noun and is hyphenated ('common-law'). Not a synonym of 'common law' (the noun referring to the legal system). This sense belongs to family law: only some states or countries recognise common-law relationships. Distinguish from the noun sense 'common law' (LEGAL SYSTEM) — the adjective has a completely different meaning.