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Term: SECUNDUM LEGEM COMMUNEM
Definition: According to the common law.
(Law Latin) Historically, this term was used to refer to something that was in accordance with the common law.
Secundum legem communem is a Latin term used in legal history that means "according to the common law."
One example of secundum legem communem is the principle of stare decisis, which means that courts should follow the decisions of previous courts in similar cases. This principle is based on the idea that the common law is a body of legal principles that has developed over time through the decisions of judges.
Another example is the rule against hearsay, which is a common law rule that prohibits the use of out-of-court statements as evidence in court. This rule is based on the idea that such statements are unreliable and can be easily manipulated.
The examples illustrate the definition of secundum legem communem by showing how the common law is a body of legal principles that has developed over time through the decisions of judges. The principle of stare decisis and the rule against hearsay are both examples of common law rules that have been developed through the decisions of judges over time. These rules are based on the idea that the common law is a body of legal principles that reflects the wisdom and experience of previous generations of judges.
secundum formam statuti | secundum legem domicilii, vel loci contractus