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Simple English definitions for legal terms

common law

Read a random definition: cancellation of removal

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.

common interest development | common law lien

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ok thanks! appreciate the insight
omelette
15:24
sometimes theres an option in the portal to directly upload it but for the ones who dont then email
goofy-goober
15:36
I just wanna see my results man, waiting is so painful :~(
any word on scalia or any school lol
oakenrays
15:52
scalia is dead fortunately
oakenrays
15:52
law schools are coming out slowly but surely
HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
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