common law
common law — 名詞
1. A system of law that has grown from court decisions and customs over many centur
普通法
源自判例與習慣的法律體系
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.
在普通法之下，法官透過參考先前的判決來建立新的規則。
under common law — prepositional phrase for domain
The United States legal system is based on the English common law tradition.
美國的法律體系源於英國的普通法傳統。
common law tradition — typical noun collocation
Defence lawyers argued that the contract was invalid under centuries-old common law.
辯護律師主張，這份合約根據數百年來的普通法已屬無效。
In a common law system, precedent — the ruling of an earlier case — carries great weight.
在普通法體系中，判例——即先前案件的裁決——具有極重的分量。
Countries that follow common law often give judges more freedom than those using civil law.
採用普通法的國家，法官通常比採行大陸法系的國家擁有更大的裁量空間。
- 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 — 形容詞
1. Describing a relationship in which two people live together as life partners and
事實婚
未登記結婚但長期同居的伴侶
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.
共同生活十二年後，Wei 和 Amara 在加拿大登記為事實婚伴侶。
common-law + partners — standard collocation
Some jurisdictions grant common-law spouses the same inheritance rights as married couples.
部分司法管轄區承認事實婚配偶享有與已婚夫妻相同的繼承權。
common-law + spouses — legal recognition pattern
After Sofia passed away, Liam filed a legal claim as her common-law husband.
Sofia 過世後，Liam 以她的事實婚丈夫身分提出法律索賠。
Tax rules for common-law couples vary widely between states and provinces.
各州與省份對事實婚伴侶的稅務規定差異很大。
The couple's common-law marriage was recognised when they moved to a different province.
這對伴侶的事實婚關係在他們搬到另一個省份後獲得承認。
- 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.