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Simple English definitions for legal terms

common law

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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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