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Simple English definitions for legal terms

common law

Read a random definition: filius mulieratus

A quick definition of common law:

Common law is a type of law that comes from court decisions instead of written laws. It started in England and was used in America until they made their own laws. Sometimes, the government turns common law into written laws so they can be changed or made permanent. There is also a little bit of common law that comes from the federal government.

A more thorough explanation:

Common law is a type of law that comes from court decisions instead of written laws. In the United States, common law was originally based on English common law, but now it can be created by American courts. Common law can be used to make decisions in cases where there is no specific law that applies.

For example, in the case of Gamble v. United States, the Supreme Court discussed the role of common law in the legal system. The court explained that common law can be used to make decisions based on previous court cases, or by using similar cases as a guide.

Common law is usually created at the state level, but there is also a limited amount of federal common law. Federal common law is created by federal courts when there is no specific federal law that applies to a case.

For example, in the case of Rodriguez v. FDIC, the Supreme Court struck down a federal common law rule about corporate tax refunds. The court explained that federal common law can only be used when it is necessary to protect federal interests.

When a common law rule is created by a court, the state legislature can choose to turn it into a written law. This is called codifying the law. The legislature might do this to make the law more permanent, or to change it in some way.

For example, in the case of Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court created a test for determining whether workers were employees or independent contractors. The California legislature then turned this test into a written law called California Labor Code Section 2750.3.

These examples show how common law can be used to make decisions in cases where there is no specific law that applies. They also show how common law can be turned into written laws by state legislatures.

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starfishies
11:34
yeah i expect silence until like march lmao as a best case scenario if they get back sooner imma assume its an R
soyalmondoatmilk
11:34
i wanna give back to my community
@WorthlessAttractiveZombie: yeah, I probably shouldn’t get my hopes up lol
starfishies
11:35
it was just nice to see some life in my status checker
WorthlessAttractiveZombie
11:35
texas, you probably dont need to worry, you will be fine lol
Yeah, it’s just odd. All the people with similar stats who applied in sept already got in
triplethread
11:36
@snow: its so frustrating LOL i will be back in a few days just so im not checking every day with no movement. i think if i come back in after a little break and get some URs I will be happier
triplethread
11:37
i will see you guys next week
soap
11:39
I'm looking at profiles of people working at unicorn PI firms, and boy, do I feel behind in life XD
HopefullyInLawSchool
11:44
Salutations on this brisk morning from Santa Barbara
babycat
11:48
I met a public defender the other day who told me she was the only one of her classmates who didn't end up changing careers and it's bc she loves her job
snow
11:50
criminal defense is where its at
starfishies
11:50
i fully expect to change my career again but i think its just cause i dont like any jobs lol
starfishies
11:51
teaching is not it guys
babycat
11:55
I used to sub teach and it was pretty fun but I was always in elementary school
babycat
11:56
high school seems crazy
if teachers made any money i'd be teacher i like working with kids but also w the way the education system is now it's so disincentivizing (also you're broke)
high schoolers genuinely can't write like. physically pen on paper it's so bad
i was a TA and it was genuinely insane any sense of like manners or how to act in an academic setting has gone down the drain
HopefullyInLawSchool
12:02
Im a leader for a youth group and seeing how parents act I could only imagine being a teacher
BulbasaurNoLikeCardio
12:03
I loved my last job, current job is okay but super boring and no meaning. Law should be pretty chill
JumpySubsequentDolphin
12:03
i used to work w kids and one time one of them asked me if I could tell them what the n word is
HopefullyInLawSchool
12:04
The kids around me will say brainrot
HopefullyInLawSchool
12:05
Skibi
HopefullyInLawSchool
12:05
Hawk Tuah
starfishies
12:06
i taught middle school and high school... do anything else!
starfishies
12:07
and my kids actually liked me! cant imagine if they dont
babycat
12:07
the kids in elementary school were saying gyatt can you imagine
babycat
12:07
our poor children
HopefullyInLawSchool
12:07
The kids I help with are 11-18, its always interesting to see how they change (or dont)
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