The Legislation Dictionary That includes Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed. 7 The truth of the trendy view will be seen in practical operation: beneath the outdated “pre-existing custom” view, (a) jurisdictions could not logically diverge from one another (but nonetheless did), (b) a brand new decision logically wanted to function retroactively (but didn’t), and (c) there was no normal to decide which English medieval customs should be “legislation” and which mustn’t.
The form of reasoning used in widespread regulation is called casuistry or case-primarily based reasoning The frequent law, as applied in civil circumstances (as distinct from prison circumstances ), was devised as a method of compensating someone for wrongful acts often called torts , together with each intentional torts and torts caused by negligence , and as developing the body of regulation recognizing and regulating contracts The type of procedure practiced in common law courts is known as the adversarial system ; that is additionally a development of the frequent regulation.
Whereas there may be certainly a variety of widespread floor in relation to the authorized rules and parts of compensatory damages claims in widespread- and civil-regulation jurisdictions, there are also differences, as described in additional element within the sections under.
And plenty of other typically English-talking nations or Commonwealth countries (except the UK’s Scotland , which is bijuridicial , and Malta ). Essentially, every nation that was colonised at some time by England, Nice Britain, or the United Kingdom makes use of frequent regulation besides people who have been previously colonised by different nations, such as Quebec (which follows the law of France in part), South Africa and Sri Lanka (which follow Roman Dutch legislation ), where the prior civil regulation system was retained to respect the civil rights of the native colonists.
Authorities for what is common legislation could due to this fact be as nicely cited, as for any part of the Lex Scripta, and there’s no higher occasion of the necessity of holding the judges and writers to a declaration of their authorities than the current; the place we detect them endeavoring to make law where they discovered none, and to submit us at one stroke to a whole system, no particle of which has its foundation within the widespread regulation.