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Simple English definitions for legal terms

black letter law

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A quick definition of black letter law:

Black letter law, also called hornbook law, are basic rules that everyone knows and are hard to question. It's like the ABCs of a subject. In English common law, it refers to technical rules like contracts, torts, and land law. Judges use black letter law to make decisions when these basic principles are important.

A more thorough explanation:

Definition: Black letter law, also known as hornbook law, refers to standard rules that are widely accepted and not open to debate. These rules are so fundamental that challenging them would be extremely difficult. In English common law, black letter law refers to areas of the law that consist of mainly technical rules as opposed to areas of the law that are defined by a more conceptual basis.

Examples: Examples of black letter law include contracts, torts, and land law. These are areas of the law that have been established for hundreds of years and are based on fundamental principles that are widely accepted. For example, in contract law, the principle of offer and acceptance is a black letter law principle that is universally recognized. In tort law, the principle of negligence is a black letter law principle that is widely accepted.

Explanation: Judges often refer to black letter law when dealing with cases that involve these fundamental principles. This is because these principles are so well-established that there is little room for debate. By citing black letter law, judges can quickly establish the legal framework for a case and focus on the specific facts at hand.

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lilypadfrog
20:31
that seems crazy #tome
texaslawhopefully
20:32
No, at least from the two people I know there that’s false. I think it’s just something like Chicago for conservatives is on par with S whereas for liberals it’s below HYS but above CCNP
texaslawhopefully
20:32
I mean I think even the student body there only like 15 percent is part of fedsoc
It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
YRDSL
21:31
@texaslawhopefully: it's pretty funny how even in law journal articles people can't stop confusing Penn with Penn State
texaslawhopefully
21:40
lmfao I didn't even notice that
21:42
Yeah to penn Carey students I’m sure that is a
21:42
Those are fighting words
21:46
@Dkk: one of the most deranged documents i've ever had the displeasure of reading
lilypadfrog
22:03
sometimes I go into fight or flight mode until I get all my work done
i call that locking in
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