Found 2 items, similar to Common law.
English → English
Definition: common law
n 1: (civil law) a law established by following earlier judicial
decisions [syn: case law
2: a system of jurisprudence based on judicial precedents
rather than statutory laws; “common law originated in the
unwritten laws of England and was later applied in the
[syn: case law
English → English
Definition: Common law
, a. [Compar. Commoner
; superl. Commonest
[OE. commun, comon, OF. comun, F. commun, fr. L. communis;
com- + munis ready to be of service; cf. Skr. mi to make
fast, set up, build, Goth. gamains common, G. gemein, and E.
mean low, common. Cf. Immunity
, n. & v.]
1. Belonging or relating equally, or similarly, to more than
one; as, you and I have a common interest in the property.
Though life and sense be common to men and brutes.
--Sir M. Hale.
2. Belonging to or shared by, affecting or serving, all the
members of a class, considered together; general; public;
as, properties common to all plants; the common schools;
the Book of Common Prayer.
Such actions as the common good requireth. --Hooker.
The common enemy of man. --Shak.
3. Often met with; usual; frequent; customary.
Grief more than common grief. --Shak.
4. Not distinguished or exceptional; inconspicuous; ordinary;
plebeian; -- often in a depreciatory sense.
The honest, heart-felt enjoyment of common life.
This fact was infamous
And ill beseeming any common man,
Much more a knight, a captain and a leader. --Shak.
Above the vulgar flight of common souls. --A.
5. Profane; polluted. [Obs.]
What God hath cleansed, that call not thou common.
--Acts x. 15.
6. Given to habits of lewdness; prostitute.
A dame who herself was common. --L'Estrange.
(Law) Same as Blank bar
, under Blank
(Law), one who makes a business of
, a name sometimes given to the English Court
of Common Pleas.
(Law), one addicted to public brawling and
quarreling. See Brawler
(Law), one who undertakes the office of
carrying (goods or persons) for hire. Such a carrier is
bound to carry in all cases when he has accommodation, and
when his fixed price is tendered, and he is liable for all
losses and injuries to the goods, except those which
happen in consequence of the act of God, or of the enemies
of the country, or of the owner of the property himself.
(Mus.), a chord consisting of the fundamental
tone, with its third and fifth.
, the representative (legislative) body, or
the lower branch of the representative body, of a city or
other municipal corporation.
, the crier of a town or city.
(Math.), a number or quantity that divides
two or more numbers or quantities without a remainder; a
(Gram.), the gender comprising words that may
be of either the masculine or the feminine gender.
, a system of jurisprudence developing under the
guidance of the courts so as to apply a consistent and
reasonable rule to each litigated case. It may be
superseded by statute, but unless superseded it controls.
Note: It is by others defined as the unwritten law
(especially of England), the law that receives its
binding force from immemorial usage and universal
reception, as ascertained and expressed in the
judgments of the courts. This term is often used in
contradistinction from statute law
. Many use it to
designate a law common to the whole country. It is also
used to designate the whole body of English (or other)
law, as distinguished from its subdivisions, local,
civil, admiralty, equity, etc. See Law
, one versed in common law.
(Law), the habitual performance of lewd
acts in public.
(Arith.) See under Multiple
(Gram.), the name of any one of a class of
objects, as distinguished from a proper noun (the name of
a particular person or thing).
(Law), that which is deleterious to the
health or comfort or sense of decency of the community at
, one of the three superior courts of common
law at Westminster, presided over by a chief justice and
four puisne judges. Its jurisdiction is confined to civil
matters. Courts bearing this title exist in several of the
United States, having, however, in some cases, both civil
and criminal jurisdiction extending over the whole State.
In other States the jurisdiction of the common pleas is
limited to a county, and it is sometimes called a county court
. Its powers are generally defined by statute.
, the liturgy of the Church of England, or of
the Protestant Episcopal church of the United States,
which all its clergy are enjoined to use. It is contained
in the Book of Common Prayer.
, a school maintained at the public expense,
and open to all.
(Law), a woman addicted to scolding
indiscriminately, in public.
, a seal adopted and used by a corporation.
(a) A supposed sense which was held to be the common bond
of all the others. [Obs.] --Trench.
(b) Sound judgment. See under Sense
(Mus.), that variety of time in which the
measure consists of two or of four equal portions.
, equally with another, or with others; owned,
shared, or used, in community with others; affecting or
Out of the common
, uncommon; extraordinary.
Tenant in common
, one holding real or personal property in
common with others, having distinct but undivided
interests. See Joint tenant
, under Joint
To make common cause with
, to join or ally one's self with.
Syn: General; public; popular; national; universal; frequent;
ordinary; customary; usual; familiar; habitual; vulgar;
mean; trite; stale; threadbare; commonplace. See
(l[add]), n. [OE. lawe, laghe, AS. lagu, from the root
of E. lie: akin to OS. lag, Icel. l["o]g, Sw. lag, Dan. lov;
cf. L. lex, E. legal. A law is that which is laid, set, or
fixed; like statute, fr. L. statuere to make to stand. See
to be prostrate.]
1. In general, a rule of being or of conduct, established by
an authority able to enforce its will; a controlling
regulation; the mode or order according to which an agent
or a power acts.
Note: A law may be universal or particular, written or
unwritten, published or secret. From the nature of the
highest laws a degree of permanency or stability is
always implied; but the power which makes a law, or a
superior power, may annul or change it.
These are the statutes and judgments and laws,
which the Lord made. --Lev. xxvi.
The law of thy God, and the law of the King.
As if they would confine the Interminable . . .
Who made our laws to bind us, not himself.
His mind his kingdom, and his will his law.
2. In morals: The will of God as the rule for the disposition
and conduct of all responsible beings toward him and
toward each other; a rule of living, conformable to
righteousness; the rule of action as obligatory on the
conscience or moral nature.
3. The Jewish or Mosaic code, and that part of Scripture
where it is written, in distinction from the gospel
hence, also, the Old Testament. Specifically: the first
five books of the bible, called also Torah
or Law of Moses
[1913 Webster +PJC]
What things soever the law saith, it saith to them
who are under the law . . . But now the
righteousness of God without the law is manifested,
being witnessed by the law and the prophets. --Rom.
iii. 19, 21.
4. In human government:
(a) An organic rule, as a constitution or charter,
establishing and defining the conditions of the
existence of a state or other organized community.
(b) Any edict, decree, order, ordinance, statute,
resolution, judicial, decision, usage, etc., or
recognized, and enforced, by the controlling
5. In philosophy and physics: A rule of being, operation, or
change, so certain and constant that it is conceived of as
imposed by the will of God or by some controlling
authority; as, the law of gravitation; the laws of motion;
the law heredity; the laws of thought; the laws of cause
and effect; law of self-preservation.
6. In mathematics: The rule according to which anything, as
the change of value of a variable, or the value of the
terms of a series, proceeds; mode or order of sequence.
7. In arts, works, games, etc.: The rules of construction, or
of procedure, conforming to the conditions of success; a
principle, maxim; or usage; as, the laws of poetry, of
architecture, of courtesy, or of whist.
8. Collectively, the whole body of rules relating to one
subject, or emanating from one source; -- including
usually the writings pertaining to them, and judicial
proceedings under them; as, divine law; English law; Roman
law; the law of real property; insurance law.
9. Legal science; jurisprudence; the principles of equity;
Reason is the life of the law; nay, the common law
itself is nothing else but reason. --Coke.
Law is beneficence acting by rule. --Burke.
And sovereign Law, that state's collected will
O'er thrones and globes elate,
Sits empress, crowning good, repressing ill. --Sir
10. Trial by the laws of the land; judicial remedy;
litigation; as, to go law.
When every case in law is right. --Shak.
He found law dear and left it cheap. --Brougham.
11. An oath, as in the presence of a court. [Obs.] See Wager of law
, under Wager
(Chem.), a fundamental conception, according
to which, under similar conditions of temperature and
pressure, all gases and vapors contain in the same volume
the same number of ultimate molecules; -- so named after
Avogadro, an Italian scientist. Sometimes called
(Astron.), an approximative empirical expression
of the distances of the planets from the sun, as follows:
-- Mer. Ven. Earth. Mars. Aste. Jup. Sat. Uran. Nep. 4 4 4
4 4 4 4 4 4 0 3 6 12 24 48 96 192 384 -- -- -- -- -- -- --
--- --- 4 7 10 16 28 52 100 196 388 5.9 7.3 10 15.2 27.4
52 95.4 192 300 where each distance (line third) is the
sum of 4 and a multiple of 3 by the series 0, 1, 2, 4, 8,
etc., the true distances being given in the lower line.
(Physics), an expression of the fact, that when
an elastic fluid is subjected to compression, and kept at
a constant temperature, the product of the pressure and
volume is a constant quantity, i. e., the volume is
inversely proportioned to the pressure; -- known also as
, and the law of Boyle and Mariotte
. See under Brehon
, the body of ecclesiastical law adopted in the
Christian Church, certain portions of which (for example,
the law of marriage as existing before the Council of
Tent) were brought to America by the English colonists as
part of the common law of the land. --Wharton.
, a term used by writers to designate Roman law,
with modifications thereof which have been made in the
different countries into which that law has been
introduced. The civil law, instead of the common law
prevails in the State of Louisiana. --Wharton.
. See Law merchant
. See under Common
, that branch of jurisprudence which relates to
. See under Ecclesiastical
(Philol.), a statement (propounded by the
German philologist Jacob Grimm) of certain regular changes
which the primitive Indo-European mute consonants,
so-called (most plainly seen in Sanskrit and, with some
changes, in Greek and Latin), have undergone in the
Teutonic languages. Examples: Skr. bh[=a]t[.r], L. frater,
E. brother, G. bruder; L. tres, E. three, G. drei, Skr.
go, E. cow, G. kuh; Skr. dh[=a] to put, Gr. ti-qe`-nai, E.
do, OHG, tuon, G. thun. See also lautverschiebung
(Astron.), three important laws or
expressions of the order of the planetary motions,
discovered by John Kepler. They are these: (1) The orbit
of a planet with respect to the sun is an ellipse, the sun
being in one of the foci. (2) The areas swept over by a
vector drawn from the sun to a planet are proportioned to
the times of describing them. (3) The squares of the times
of revolution of two planets are in the ratio of the cubes
of their mean distances.
, a plain style of leather binding, used for law
books; -- called also law calf
, a book containing, or treating of, laws.
. See Law binding
(a) Formerly, a day of holding court, esp. a court-leet.
(b) The day named in a mortgage for the payment of the
money to secure which it was given. [U. S.]
, the dialect of Norman, which was used in
judicial proceedings and law books in England from the
days of William the Conqueror to the thirty-sixth year of
, the language used in legal writings and
. See under Latin
, peers in the British Parliament who have held
high judicial office, or have been noted in the legal
, or Commercial law
, a system of rules by
which trade and commerce are regulated; -- deduced from
the custom of merchants, and regulated by judicial
decisions, as also by enactments of legislatures.
Law of Charles
(Physics), the law that the volume of a
given mass of gas increases or decreases, by a definite
fraction of its value for a given rise or fall of
temperature; -- sometimes less correctly styled Gay Lussac's law
, or Dalton's law
Law of nations
. See International law
Law of nature
(a) A broad generalization expressive of the constant
action, or effect, of natural conditions; as, death
is a law of nature; self-defense is a law of nature.
(b) A term denoting the standard, or system, of morality
deducible from a study of the nature and natural
relations of human beings independent of supernatural
revelation or of municipal and social usages.
Law of the land
, due process of law; the general law of the
Laws of honor
. See under Honor
Laws of motion
(Physics), three laws defined by Sir Isaac
Newton: (1) Every body perseveres in its state of rest or
of moving uniformly in a straight line, except so far as
it is made to change that state by external force. (2)
Change of motion is proportional to the impressed force,
and takes place in the direction in which the force is
impressed. (3) Reaction is always equal and opposite to
action, that is to say, the actions of two bodies upon
each other are always equal and in opposite directions.
, or Maritime law
, the law of the sea; a branch
of the law merchant relating to the affairs of the sea,
such as seamen, ships, shipping, navigation, and the like.
. See Boyle's law
.See under Martial
, a branch of the general municipal law,
consisting of rules ordained for the government of the
military force of a state in peace and war, and
administered in courts martial. --Kent. --Warren's
, the law of duty as regards what is right and
wrong in the sight of God; specifically, the ten
commandments given by Moses. See Law
, or Ceremonial law
. (Script.) See Law
, or Positive law
, a rule prescribed by the
supreme power of a state, declaring some right, enforcing
some duty, or prohibiting some act; -- distinguished from
and constitutional law
. See Law
. (Chem.) See under Periodic
, the system of principles and laws found in the
codes and treatises of the lawmakers and jurists of
ancient Rome, and incorporated more or less into the laws
of the several European countries and colonies founded by
them. See Civil law
, the law as stated in statutes or positive
enactments of the legislative body.
. See under Sumptuary
To go to law
, to seek a settlement of any matter by
bringing it before the courts of law; to sue or prosecute
To take the law of
, or To have the law of
, to bring the
law to bear upon; as, to take the law of one's neighbor.
Wager of law
. See under Wager
Syn: Justice; equity.
, Common law
. Law is generic, and, when used with
reference to, or in connection with, the other words
here considered, denotes whatever is commanded by one
who has a right to require obedience. A statute is a
particular law drawn out in form, and distinctly
enacted and proclaimed. Common law is a rule of action
founded on long usage and the decisions of courts of
justice. A regulation is a limited and often,
temporary law, intended to secure some particular end
or object. An edict is a command or law issued by a
sovereign, and is peculiar to a despotic government. A
decree is a permanent order either of a court or of
the executive government. See Justice