Common law

Common law
Common Com"mon, a. [Compar. {Commoner}; superl. {Commonest}.] [OE. commun, comon, OF. comun, F. commun, fr. L. communis; com- + munis ready to be of service; cf. Skr. mi to make fast, set up, build, Goth. gamains common, G. gemein, and E. mean low, common. Cf. {Immunity}, {Commune}, n. & v.] 1. Belonging or relating equally, or similarly, to more than one; as, you and I have a common interest in the property. [1913 Webster]

Though life and sense be common to men and brutes. --Sir M. Hale. [1913 Webster]

2. Belonging to or shared by, affecting or serving, all the members of a class, considered together; general; public; as, properties common to all plants; the common schools; the Book of Common Prayer. [1913 Webster]

Such actions as the common good requireth. --Hooker. [1913 Webster]

The common enemy of man. --Shak. [1913 Webster]

3. Often met with; usual; frequent; customary. [1913 Webster]

Grief more than common grief. --Shak. [1913 Webster]

4. Not distinguished or exceptional; inconspicuous; ordinary; plebeian; -- often in a depreciatory sense. [1913 Webster]

The honest, heart-felt enjoyment of common life. --W. Irving. [1913 Webster]

This fact was infamous And ill beseeming any common man, Much more a knight, a captain and a leader. --Shak. [1913 Webster]

Above the vulgar flight of common souls. --A. Murphy. [1913 Webster]

5. Profane; polluted. [Obs.] [1913 Webster]

What God hath cleansed, that call not thou common. --Acts x. 15. [1913 Webster]

6. Given to habits of lewdness; prostitute. [1913 Webster]

A dame who herself was common. --L'Estrange. [1913 Webster]

{Common bar} (Law) Same as {Blank bar}, under {Blank}.

{Common barrator} (Law), one who makes a business of instigating litigation.

{Common Bench}, a name sometimes given to the English Court of Common Pleas.

{Common brawler} (Law), one addicted to public brawling and quarreling. See {Brawler}.

{Common carrier} (Law), one who undertakes the office of carrying (goods or persons) for hire. Such a carrier is bound to carry in all cases when he has accommodation, and when his fixed price is tendered, and he is liable for all losses and injuries to the goods, except those which happen in consequence of the act of God, or of the enemies of the country, or of the owner of the property himself.

{Common chord} (Mus.), a chord consisting of the fundamental tone, with its third and fifth.

{Common council}, the representative (legislative) body, or the lower branch of the representative body, of a city or other municipal corporation.

{Common crier}, the crier of a town or city.

{Common divisor} (Math.), a number or quantity that divides two or more numbers or quantities without a remainder; a common measure.

{Common gender} (Gram.), the gender comprising words that may be of either the masculine or the feminine gender.

{Common law}, a system of jurisprudence developing under the guidance of the courts so as to apply a consistent and reasonable rule to each litigated case. It may be superseded by statute, but unless superseded it controls. --Wharton.

Note: It is by others defined as the unwritten law (especially of England), the law that receives its binding force from immemorial usage and universal reception, as ascertained and expressed in the judgments of the courts. This term is often used in contradistinction from {statute law}. Many use it to designate a law common to the whole country. It is also used to designate the whole body of English (or other) law, as distinguished from its subdivisions, local, civil, admiralty, equity, etc. See {Law}.

{Common lawyer}, one versed in common law.

{Common lewdness} (Law), the habitual performance of lewd acts in public.

{Common multiple} (Arith.) See under {Multiple}.

{Common noun} (Gram.), the name of any one of a class of objects, as distinguished from a proper noun (the name of a particular person or thing).

{Common nuisance} (Law), that which is deleterious to the health or comfort or sense of decency of the community at large.

{Common pleas}, one of the three superior courts of common law at Westminster, presided over by a chief justice and four puisne judges. Its jurisdiction is confined to civil matters. Courts bearing this title exist in several of the United States, having, however, in some cases, both civil and criminal jurisdiction extending over the whole State. In other States the jurisdiction of the common pleas is limited to a county, and it is sometimes called a {county court}. Its powers are generally defined by statute.

{Common prayer}, the liturgy of the Church of England, or of the Protestant Episcopal church of the United States, which all its clergy are enjoined to use. It is contained in the Book of Common Prayer.

{Common school}, a school maintained at the public expense, and open to all.

{Common scold} (Law), a woman addicted to scolding indiscriminately, in public.

{Common seal}, a seal adopted and used by a corporation.

{Common sense}. (a) A supposed sense which was held to be the common bond of all the others. [Obs.] --Trench. (b) Sound judgment. See under {Sense}.

{Common time} (Mus.), that variety of time in which the measure consists of two or of four equal portions.

{In common}, equally with another, or with others; owned, shared, or used, in community with others; affecting or affected equally.

{Out of the common}, uncommon; extraordinary.

{Tenant in common}, one holding real or personal property in common with others, having distinct but undivided interests. See {Joint tenant}, under {Joint}.

{To make common cause with}, to join or ally one's self with.

Syn: General; public; popular; national; universal; frequent; ordinary; customary; usual; familiar; habitual; vulgar; mean; trite; stale; threadbare; commonplace. See {Mutual}, {Ordinary}, {General}. [1913 Webster]


The Collaborative International Dictionary of English. 2000.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • common law — n: a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute the common law of torts: as a: the body of law that was first developed in… …   Law dictionary

  • common–law — adj 1: of, relating to, or based on the common law common law immunity 2: relating to or based on a common law marriage her common law husband Merriam Webster’s Dictionary of Law. Merriam Webste …   Law dictionary

  • common law marriage — in the USA, some states still accept that marriage can take place without statutory formalities. To operate, there must be a present agreement to marry, cohabitation in fact and representation by the parties to the community that they are married …   Law dictionary

  • common-law action — A lawsuit governed by the general principles of law derived from court decisions, as opposed to the provisions of statutes. Actions ex contractu, arising out of a breach of contract, and actions ex delicto, based upon the commission of a tort… …   Law dictionary

  • common-law marriage — A union of two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by cohabitation. Dictionary from West s Encyclopedia of American Law. 2005. common law marriage …   Law dictionary

  • common-law trust — see trust Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. common law trust …   Law dictionary

  • common-law courts — The early royal courts in England that administered the law common to all. Dictionary from West s Encyclopedia of American Law. 2005. common law courts The early royal courts in England that administ …   Law dictionary

  • common–law copyright — n: a copyright in common law protecting unpublished works ◇ Works created after January 1, 1978, are protected by statutory rather than common law copyright while unpublished. Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • common–law marriage — n: a marriage that is without a ceremony and is based on the parties agreement to consider themselves married and usu. also on their cohabitation for a period and their public recognition of the marriage compare concubinage ◇ Most jurisdictions… …   Law dictionary

  • common law property state — >> common law state. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • common law state — n. A state whose rules governing the ownership, division and inheritance of income and property acquired by a husband or wife during the course of their marriage holds that, subject to various qualifications, each spouse owns and has complete… …   Law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”