Common law Sentence Examples

One cause of this separation was the rigid adherence to precedent on the part of the common law courts.

The acts of councils of this age are full of the trials of bishops not only for heresy but for immorality and common law crimes.

The common law of England treats blasphemy as an indictable offence.

The offense of ' outraging public decency ' still exists under the ' common law ' .

The test of remoteness was one well entrenched in common law.

The common law as it existed before his time was wholly inadequate to cope with the new cases and customs which arose with the increasing development of commerce.

By the common law of England a corpse is not the subject of property nor capable of holding property.

His great work, the forcing into common law of the principles of civil law, was unaccomplished; but Story says "he seemed about to accomplish [it]; for his arguments before the Supreme Court were crowded with the principles of the Roman Law, wrought into the texture of the Common Law with great success."

The common law has been somewhat unfavourable to the enforcement of such agreements, and statutes in the United States, both local and national, have attempted to prohibit them; but the public advantage from their existence has been so great as to render their legal disabilities inoperative.

In the United States the common law of England was largely followed, and in most of the states, also, statutes were enacted against the offence, but, as in England, the law is practically never put in force.

Mississippi has taken a leading part in the movement to bring about the removal of the common law disabilities of married women, the first statute for that purpose having been passed in 1839.

The common law doctrine of a six months' notice being required to terminate a tenancy from year to year of a corporeal hereditament, does not apply to an incorporeal hereditament such as a right to shoot.

It may be noted here that at common law no lease for years is complete till actual entry has been made by the lessee.

The land, on the expiration of the tenancy, becomes at common law the absolute property of the landlord, no matter how it may have been altered or improved during the occupation.

But, with the exceptions noted, the land in its improved condition passes over at common law to the landlord.

The early jurisdiction of the court appears to have been exercised very much under the same procedure as that used by the courts of common law.

As has been said, however, the contention of the common law judges prevailed, and the Admiralty Court (except for a temporary revival under Cromwell) sank into comparative Modern in si insignificance during the r th century.

Becoming convinced that the common law in America, and particularly in New York state, needed radical changes in respect to the unification and simplification of its procedure, he visited Europe in 1836 and thoroughly investigated the courts, procedure and codes of England, France and other countries, and then applied himself to the task of bringing about in the United States a codification of the common law procedure.

In all the other states formed from the Purchase, the civil law, never existent practically, was early expressly abrogated, and the common law of England established in its place.

Raskolniks or Nonconformists in the second half of the 17th century, rebel stryeltsy under Peter the Great, courtiers of rank during the reigns of the empresses, Polish confederates under Catherine II., the " Decembrists " under Nicholas I., nearly 50,000 Poles after the insurrection of 1863, and later on whole generations of socialists were sent to Siberia; while the number of common-law convicts and exiles transported thither increased steadily from the end of the 18th century.

The common law (with which the canon law is incorporated, as far as it is not contrary to the common or statute law or the prerogative of the crown) has been considerably modified by statute.

But a private owner may create a highway at common law by dedicating the soil to the use of the public for that purpose; and the using of a road for a number of years, without interruption, will support the presumption that the soil has been so dedicated.

At common law the parish is required to maintain all highways within its bounds; but by special custom the obligation may attach to a particular township or district, and in certain cases the owner of land is bound by the conditions of his holding to keep a highway in repair.

A highway nuisance may be abated by any person, and may be made the subject of indictment at common law.

Under the common law the owner of the surface possesses all mining rights as well, unless these have been reserved by some previous owner of the property.

At common law benefit of clergy was denied to robbers of churches.

By the common law of England freedom from noise is essential to the full enjoyment of a dwelling house, and acts which affect that enjoyment may be actionable as nuisances.

The Maltese relied on the Roman Canon Law, the English on the common law of England, Scots or Irish had nothing but the English law to fall back upon.

The legal necessity for legislation in accordance with the agreement was, nevertheless, on a special reference, submitted to the privy council, whose decision affirmed the advisibility of legislation and the need for validating retrospectively marriages not supported by either Maltese or English common law.

Agitation in the imperial parliament stopped government action, but the publicity of the finding of the privy council warned all concerned against the risk of neglecting the common law of the empire whenever they were not prepared to follow the lex loci contractus.

If the bishop rejects the clerk within that time he is liable to a duplex querela in the ecclesiastical courts, or to a quare impedit in the common law courts, and the bishop must then certify the reasons of his refusal.

There was the same conflict between the English Common Law and the Roman Civil Law which had taken place in Louisiana a few years before (see Louisiana); but the result was different.

The marriage to Franklin is presumed to have been a common law marriage, for there was no proof that Miss Read's former husband was dead, nor that, as was suspected, a former wife, alive when Rogers married Miss Read, was still alive, and that therefore his marriage to Deborah was void.

This latter function, however, is one unknown to the English common law.

Under the common law of Scotland, a submission of future disputes or differences to an arbiter, or arbiters, unnamed, was ineffectual except where the agreement to refer did not contemplate the decision of proper disputes between the parties but the adjustment of some condition, or the liquidation of some obligation, contained in the contract of which the agreement to submit formed a part.

The Common Law Procedure Act (Ireland) 1856, which is incorporated by s.

By the operation of the Judicature Act one supreme court with several divisions was constituted; each division could administer the whole law; the conflict of divergent systems of law was largely overcome by declaring that when they were at variance, the principles of equity should prevail over the doctrines of the common law.

In other states the common law judges have also equity jurisdiction; and in four states New York, North Carolina, California and Idahothere has been a complete fusion of law and equity.

In many states the legislatures have taken action in the development of law by adopting statutory codes of procedure, and in some instances have even enacted codes embodying the substance of the common law fused with the statutes.

Section II of the act ordered, inter alia, that the trial of every election petition shall be conducted before a puisne judge of one of the common law courts at Westminster and Dublin; that the said courts shall each select a judge to be placed on the rota for the trial of election petitions; that the said judges shall try petitions standing for trial according to seniority or otherwise, as they may agree; that the trial shall take place in the county or borough to which the petition refers, unless the court should think it desirable to hold it elsewhere.

The mere fact of the crusaders being placed under the special protection of the Church and the pope, and loaded with privileges, freed them from the jurisdiction, and even, up to a certain point, from the lordship of their natural masters, to become the almost direct subjects of the papacy; and the common law was then practically suspended for the benefit of the Church and the leader who represented it.

But the constitution "Sapienti" of 1908 withdrew from the Propaganda and put under the common law of the Church most of those parts in which the episcopal hierarchy had been re-established, i.e.

Full of an extreme reverence for the common law which he knew so well, he defended it alike against the court of chancery, the ecclesiastical courts, and the royal prerogative.

But the common law appears, nevertheless, to have treated as a mis demeanour any attempt to effect the destruction of such an infant, though unsuccessful.

The English common law has never taken cognizance of the commission of acts of cruelty upon animals, and direct legislation upon the subject, dating from the 19th century, was due in a great measure to public agitation, supported by the Royal Society for the Prevention of Cruelty to Animals (founded in 1824).

Feudalism was not yet dead, and in the north and west there were medieval franchises in which the royal writ and common law hardly ran at all.

Neither they nor the lesser chiefs who flourished on the lack of common law and order could be reduced by ordinary methods, and the Councils of Wales and of the North were given summary powers derived from the Roman civil law similiar to those exercised by the Star Chamber at Westminster and the court of Castle Chamber at Dublin.

Pollock, there is no warrant for it in English common law.

As the historical and practical position was developing on these lines the lawyers who fashioned English common law in the r 2th and r3th centuries did not hesitate to apply to it the teaching of Roman law on slavery.

Before the end of the war Mexican laws not incompatible with United States laws were by international law supposed to be in force; but nobody knew what they were, and the uncertainties of vague and variable alcalde jurisdictions were increased when Americans began to be alcaldes and grafted English common-law principles, like the jury, on Californian practices.

He again served in the Kentucky legislature (1808-1809), was chosen speaker of its lower house, and achieved distinction by preventing an intense and widespread anti-British feeling from excluding the common law from the Kentucky code.

He was at the head of the curia regis, which was separating itself into the three historical courts of common law about the time when the justiciarship was falling from the supreme place.

The titles of lord chief justice of the common pleas and lord chief baron were abolished by the Judicature Act 1873, and all the common law divisions of the High Court united into the king's bench division, the president of which is the lord chief justice of England.

Presently this new principle of autocracy was extended to the king's legislative authority also, for, on the 9th of December 1682, all four estates, by virtue of a common declaration, not only confirmed him in the possession -of the legislative powers enjoyed by his predecessors, but even conceded to him the right of interpreting and amending the common law.

The law of Sierra Leone is based upon common law of England modified by local ordinances.

By the common law gifts between husband and wife during marriage are void as against creditors.

It is to be observed that neither at common law nor under the act of 1679 was the writ the appropriate remedy in the case of a person convicted either on indictment or summarily.

It will appear from the foregoing statement that the issue and enforcement of the writ rests on the common law as strengthened by the acts of 1627,1640, 1679 and 1816, and subject also to the regulations as to procedure contained in the Crown Office Rules, 1906.

Many legal questions of interesting constitutional, treaty and common law import have been decided in the Federal (and state) courts in cases involving Chinese; see the collections of reports.

The waters of the state are, by the constitution of the state, devoted to the public use, contrary to the common law theory of riparian rights.

It may be observed that bridges have always been at common law repairable by the county, although, with regard to bridges erected since the year 1805, these are not to be deemed to be county bridges repairable by the county unless they have been erected under the direction or to the satisfaction of the county surveyor.

The common-law liability to repair a bridge extends also to the road or approaches for a distance of 300 ft.

The principle is of ancient origin; as regards goods and chattels it was part of the ancient customs of London and the province of York, and as regards land descending in coparcenary it has always been part of the common law of England under the name of hotch-pot.

He had by this time "acquired such a perfection" in civil and common law that he was able to take up professional work, and he now acted as a helper to Thomas Morton in his controversies with the Catholics.

The common law was introduced with the American settler, and after 1804 was the explicitly declared basis of judicature.

In consequence of the Norman Conquest and of the formation of the common law the tenure was developed into the lowest form of freehold.

Almost immediately upon his arrival in Louisiana, where the legal system had previously been based on Roman, French and Spanish law, and where trial by jury and other peculiarities of English common law were now first introduced, he was appointed by the legislature to prepare a provisional code of judicial procedure, which (in the form of an act passed in April 1805) was continued in force from 1805 to 1825.

The common law is that which is intended to regulate the whole body; special or local law is that which is concerned with certain districts or certain categories of persons, by derogation from or addition to the common law.

Hence the separation, increasingly marked, between the common law and the local laws, which cannot derogate from the common law except by concession of the Holy See, or by right of a lawfully authorized custom.

Lord Brougham, in delivering the judgment, speaks of the " common law prevailing for 1400 years over Christian Europe," and (p. 137) says that " nothing but express enactment can abrogate the common law of all Christendom before the Reformation of the Anglican Church."

The courts of common law from Lord Coke's time downwards have recognized this " constitution of the pope " (as the queen's bench called it in 1598).

Of Hale's legal works the only two of importance are his Historia placitorum coronae, or History of the Pleas of the Crown (1736);; and the History of the Common Law of England, with an Analysis of the Law, &c. (1713).

At common law it appears to have been the right of the king to make a forest where he pleased, provided that certain legal formalities were observed.

The legal conception of a forest was thus that of a definite territory within which the code of the forest law prevailed to the exclusion of the common law.

Roman-Dutch common law prevails except when modified by statute, the laws of the Transvaal being in force as far as applicable to the country.

He now devoted himself mainly to the study of criminal law, and in 1818 published La Justice criminelle en France, in which with great courage he attacked the special tribunals, provosts' courts or military commissions which were the main instruments of the Reaction, and advocated a return to the old common law and trial by jury.

The common law courts controlled the jurisdiction of the ecclesiastical courts, claiming to have "the exposition of such statutes or acts of parliament as concern either the extent of the jurisdiction of these courts or the matters depending before them.

And therefore if these courts either refuse to allow these acts of parliament, or expound them in any other sense than is truly and properly the exposition of them, the king's great courts of common law may prohibit and control them."

The followers of Islam, whose common law and religion know only of a temporary possession of the land, which belongs wholly to the Prophet, cannot accept the principles of unlimited property in land which European civilization has borrowed from Roman law; to do so would put an end to all public irrigation works and to the system by which water is used according to each family's needs, and so would be fatal to agriculture.

That man was " naturally " a social animal Aristotle had already taught; that all rational beings, in the unity of the reason that is common to all, form naturally one community with a common law was (as we saw) an immediate inference from the Stoic conception of the universe as a whole.

For the civil wars broke down the great houses who had monopolized the chieftaincies; and after violent struggles (in which the Sturlungs of the first generation perished at Orlygstad, 1238, and Reykiaholt, 1241, while of the second generation Thord Kakali was called away by the king in 1250, and Thorgils Skardi slain in 1258) the submission of the island to Norway quarter after quarter took place in 1262-1264, under Gizur's auspices, and the old Common Law was replaced by the New Norse Code " Ironside " in 1271.

The jurisprudence of Connecticut, since the 17th century, has been notable for its divergence from the common law of England.

This court has jurisdiction of appeals from equity courts in which the amount in controversy does not exceed $1000, except in cases involving the constitutionality of a Tennessee statute, contested election or state revenue, and ejectment suits; it has jurisdiction also of civil cases tried in the circuit and common law courts in which writs of error or appeals in the nature of writs of error are applied for.

Such a loss was secondary, relational or indirect and was therefore irrecoverable at common law and also under the statute.

The civil partnership is borne entirely out of statute and has no common law jurisprudence.

The common law offense of blasphemous libel is still in place in the " free " country of Great Britain!

Smaller unincorporated bodies will be covered by the common law offense of gross negligence manslaughter.

Publishers insisted copyright was perpetual, despite Statute of Anne, claiming that common law granted perpetuity.

I understand that the staff have a common law duty to act in the capacity of a reasonably prudent parent.

The SAR maintains a common law system; the regulation and taxation of business and financial services follow Western patterns.

We exclude any warranties in respect of the goods express or implied by statute, common law or of any other kind.

This latter category (unrelated persons) would include not only unadopted stepchildren, but also the so-called common-law spouse.

The same tendency of equity to settle into a system of law is seen in the recognition of its limits - in the fact that it did not attempt in all cases to give a remedy when the rule of the common law was contrary to justice.

The point at which the introduction of new principles of equity finally stopped is fixed by Sir Henry Maine in the chancellorship of Lord Eldon, who held that the doctrines of the court ought to be as well settled and made as uniform almost as those of the common law.

Equity has exclusive jurisdiction where it recognizes rights which are unknown to the common law.

At English common law debts and other choses in action were not assignable (see CHOSE), but by the Judicature Act 1873 any absolute assignment of any debt or other legal chose in action, of which express notice in writing is given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt, is effectual in law.

The jurisdiction jurisdiction J in criminal matters was transferred by the Offences at Sea Act 1536 to the admiral or his deputy and three or four other substantial persons appointed by the lord chancellor, who were to proceed according to the course of the common law.

In this latter passage Lord Coke records how, notwithstanding an agreement asserted to have been made in 1575 between the justices of the King's Bench and the judge of the admiralty, the judges of the common law courts successfully maintained their right to prohibit suits in admiralty upon contracts made on shore, or within havens, or creeks, or tidal rivers, if the waters were within the body of any county, wheresoever such contracts were broken, for torts committed within the body of a county, whether on land or water, and for contracts made in parts beyond the seas.

It enacts that after the death of a person simoniacally presented the offence or contract of simony shall not be alleged or pleaded to the prejudice of any other patron innocent of simony, or of his clerk by him presented, unless the person simoniac or simoniacally presented was convicted of such offence at common law or in some ecclesiastical court in the lifetime of the person simoniac or simoniacally presented.

The second was called for by the preference which the common law gave to a distant collateral over the brother of the half-blood of the first purchaser; the fourth conferred an indefeasible title on adverse possession for twenty years (a term shortened by Lord Cairns in 1875 to twelve years); the fifth reduced the number of witnesses required by law to attest wills, and removed the vexatious distinction which existed in this respect between freeholds and copyholds; the last freed an innocent debtor from imprisonment only before final judgment (or on what was termed mesne process), but the principle stated by Campbell that only fraudulent debtors should be imprisoned was ultimately given effect to for England and Wales in 1869.1 In one of his most cherished objects, however, that of Land Registration, which formed the theme of his maiden speech in parliament, Campbell was doomed to disappointment.

In each of these provincial fora the Roman magistrate, as is well known, was accustomed to pay all possible deference to the previously established common law of the district; and it was the privilege of every free subject to demand that he should be judged in accordance with the customs and usages of his proper forum.

The laws regarding water in most of the arid states were indefinite or contradictory, being based partly on the common law regarding riparian rights, and partly upon the Spanish law allowing diversion of water from natural streams. Few fundamental principles were established, except in the case of the state of Wyoming, where an official was charged with the duty of ascertaining the amount of water in the streams and apportioning this to the claimants in the order of their priority of appropriation for beneficial use.

The common law of Ireland as to the writs of habeas corpus is the same as that in England.

The common law as to the writ of habeas corpus has been inherited from England, and has been generally made to apply to commitments and detentions of all kinds.

Most of the canons, however, which constitute the ancient law, and notably those which appear in the Decretum of Gratian, emanate fr.,m local councils, or even from individual bishops; they have found a place in the common law because the collections of canons, of which they formed the most notable part, have been everywhere adopted.

The canon law regulating marriage, legitimacy and succession was taken over by the Scottish secular courts (see Ecclesiastical Jurisdiction) and survived as part of the common law of the land almost unimpaired.

Before a common law divorce is necessary, it must be first determine whether or not common law marriage actually exists where the couple resides.

If a common law marriage is legal in the state where the couple resides, then divorce papers would be filed the same way an officially married couple would file them.

If common law marriage is not legal in the state where the couple resides, the couple cannot officially get divorced.

If you think you can get a common law divorce to end a common law marriage, make sure you gather the facts before you take action.

While common law marriages still occur in America, breaking up legally may require planning and forethought.

Before exploring the concept of common law divorce, make sure you understand what marriage by common law means.

If your state recognizes common law marriages, the elements below must be in place before the relationship becomes truly legal.

Technically, couples can't dissolve a marriage under the common law umbrella term.

The sections below provide tips and solutions for people who want to end a relationship bound by common law.

While no common law divorce exists, both parties can take steps to minimize the pain and heartbreak that typically accompanies divorces or marriage dissolutions.

Many people are a little confused as to the definition of common law marriage.

In many states, a common law marriage is based on the amount of time a couple has lived together in one household.

In the majority of states, however, a common law marriage doesn't really exist.

Most marriages were common law in European countries until the 1500s.

In the meantime, they set up house and established their own common law marriage.

While in the majority of states, common law marriages aren't recognized regardless of the time period that a couple has co-habituated together, there are fifteen states which do recognize this union as legal.

Same sex marriages do not fall under the same rules that govern common law marriages.

In those states that recognize common law marriages, these unions are typically defined as between a man and a woman.

If a couple established a common law marriage in one state and moved to a state that doesn't recognize common law marriages, they would generally still be considered legally married.

A couple who wants to end a common law marriage must go through a legal divorce.

Keep in mind that each state which recognizes common law marriages has specific guidelines for designating the union as a legal marriage.

In those states which legally recognize common law marriages, there are several benefits to this union.

Ohio does recognize common law marriage.

The real beginning of English equity is to be found in the custom of handing over to that officer, for adjudication, the complaints which were addressed to the king, praying for remedies beyond the reach of the common law.

But there are a number of common-law and statutory qualifications and exceptions.

She was raised by Goldie and her common-law husband, Kurt Russell.

Acts have been passed extending the common-law liability of employers, prohibiting the manufacture and sale of sweat-shop clothing, and authorizing cities and towns to provide free lectures and to maintain public baths, gymnasia and playgrounds.