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Simple English definitions for legal terms

American common law

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A quick definition of American common law:

American common law is a type of law that comes from court decisions instead of written laws. It is based on the English legal system and is used in most states in the United States. It includes the principles and techniques used by judges to make decisions. It is different from civil law, which is used in some other countries. American common law also refers to the body of law that was adopted by the American colonies from England and supplemented with local laws and court decisions. It is sometimes called Anglo-American common law.

A more thorough explanation:

Definition: American common law is a body of law that comes from judicial decisions, rather than from statutes or constitutions. It is based on the English legal system and is the general Anglo-American system of legal concepts that form the basis of the law in jurisdictions where the system applies. It is also the body of English law that was adopted as the law of the American colonies and supplemented with local enactments and judgments.

Examples:

  • Federal common law: This is the body of decisional law derived from federal courts when adjudicating federal questions and other matters of federal concern, such as disputes between the states and foreign relations, but excluding all cases governed by state law. An example is the nonstatutory law applying to interstate streams of commerce.
  • General federal common law: This is the judge-made law developed by federal courts in deciding disputes in diversity-of-citizenship cases before the period of Erie v. Tompkins (304 U.S. 64, 58 S.Ct. 817 (1938)). Since Erie, a federal court has been bound to apply the substantive law of the state in which it sits.
  • Common law of England: This is the body of law that evolved from custom and was the body of law created by and administered by the king's courts. Equity developed to overcome the occasional rigidity and unfairness of the common law. Originally the king himself granted or denied petitions in equity; later the task fell to the chancellor, and later still to the Court of Chancery.

These examples illustrate how American common law is derived from judicial decisions and how it is based on the English legal system. They also show how it has evolved over time and how it is applied in different contexts, such as federal law and state law.

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
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the devil
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20:50
yo splitterus are you in school already
20:50
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JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
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im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
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JumpySubsequentDolphin
21:35
he has since moved
22:12
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22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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JumpySubsequentDolphin
22:39
@splitty Oregon!
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JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
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