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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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14:39
@BigStrongBug: i saw that bug, they buggin!!!
renard99
14:39
I also got Penn WL
14:40
@Ineedabadbleep: american does not update on lawhub
@cumsock: 3.6 UGPA and 164 LSAT
cumsock
14:40
wow congrats was that rd
@cumsock: i also had rlly good recs and good personal statement, also extensive resume
14:40
@Ineedabadbleep: okay we are stats twins kinda (if u count urm boost)
[] starfishies
14:40
they said ed earlier
Trismegistus
14:40
god i hope i evade this R or I will spiral aha
14:41
do u think we will get into emory bleep
ReminiscentZestyFish
14:41
Some of these Penn WL's got crazy stats
cumsock
14:41
maybe i shouldve ed'd somewhere fook
[] starfishies
14:41
does bc offer scholly in the A email?
jackfrost11770
14:41
Oh I got WL, I didn't see it in the status. Wild lmfao no one's getting off it I guess
lilypadfrog
14:42
wow huge penn wave. I think i applied too late to be in this
@jackfrost11770: penn waitlist?
14:42
lilypad when did u apply
14:42
i am dreading the penn r
@PuppyBot: oh ok makes sense
renard99
14:43
@jackfrost11770: It's traditionally tough to get off it but not impossible. Their waitlist isn't ranked so it's certainly within reach if you're interested enough
lilypadfrog
14:43
@ChowieBean: end of nov
i applied nov. 15 lily
or 12th
renard99
14:43
Also Jack ik you and I haven't talked in a bit but we have similar stats, backgrounds, WE. If you ever want solace in this messy process text me on Discord
14:44
im still in the queue to be reviewed for penn so
lilypadfrog
14:44
@SplitterusClitterus: I applied like two weeks later. It was one of my last apps
jackfrost11770
14:44
I mean I think you're more likely to get WL than R at UPenn lmao, I'm taking it as an R whatever
ReminiscentZestyFish
14:45
Tru
GreyCeaselessMammoth
14:45
notHim at it again
14:45
notHim is a born WINNER
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