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Simple English definitions for legal terms
common-law rule
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A quick definition of common-law rule:
A common-law rule is a rule created by a judge rather than by a written law. It is a general rule that applies to everyone, rather than a special rule that only applies in certain situations. It is also different from rules that come from other countries or local customs. Some common-law rules are very old and come from English law.
A more thorough explanation:
A common-law rule is a legal principle that has been established by judges through their decisions in court cases, rather than by a written law or statute. It is a general rule that applies to all cases of a similar nature, rather than a specific rule that only applies to a particular situation.
For example, the common-law rule of "innocent until proven guilty" is a fundamental principle of criminal law that has been developed over centuries of court cases. It means that a person accused of a crime is presumed to be innocent unless the prosecution can prove their guilt beyond a reasonable doubt.
Another example of a common-law rule is the principle of "precedent," which means that judges are bound to follow the decisions of higher courts in similar cases. This helps to ensure consistency and predictability in the legal system.
Overall, common-law rules are an important part of the legal system, as they provide guidance and structure for judges and lawyers, and help to ensure fairness and justice for all.