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Questions tagged [common-law]

For questions regarding English common law, or legal systems based on judge-made law descended from it.

English common law is a legal system developed through the decisions of judges, using the decisions in similar cases to establish precedent.

The legal systems of England, Ireland, Australia, Canada, and the United States are based strongly on English common law, with other countries of the former British Empire adopting it to some degree.

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Does expected value bear upon the calculation of compensatory damages?

Suppose I am given a lottery ticket. This ticket has a 1 in 1000 chance of winning me one million dollars, and will otherwise be worth nothing. Before I can see whether I've won, some guy comes along and destroys the ticket. There is no way to buy a…
Sneftel
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How are the precepts of common law known? Is common law written?

The first paragraph of the Wikipedia article on common law: Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals that decide individual cases, as opposed to statutes…
Praxeolitic
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Why are headnotes presumed to be correct in England and Wales, but not USA?

Please see the question in the subject line. I can post a separate question if you want, but are headnotes presumed correct in other Commonwealth jurisdictions? Canada? Australia? New Zealand? However, the next place to go is to the headnotes,…
user35965
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Common law ancestors/relatives and citations/precedents

This is a continuation of an existing question: Is there one body of common law? Now, referring to an article on NPR: On Libel And The Law, U.S. And U.K. Go Separate Ways, it is stated by the journalist Ari Shapiro that normally US courts would…
user4652
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Meaning of "Stat." in legal citation

What exactly does "Stat." mean in law citations? I am a student studying history who came across the Dawes Severalty Act of 1887. I noticed that the original law is referred to as follows: Feb. 8, 1887, ch. 119, 24 Stat. 388 However, there is one…
PseudoJD
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Why it's legal to tip waiter and not a doctor?

Waiters and a wide range of other services industry employees are often tipped for their good work and as a sign of gratitude. Why when a teacher or a doctor is being tipped, it counts as bribery and is therefore illegal?
Arturs Vancans
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Possible consequences of bugging in game

Is it possible to suffer any consequences for the using bugs or programs that use these bugs, in multiplayer game where enter usually 20 - 60 players at the same time? Headquarter of the company is in another country. These are ordinary bugs,…
Tk1nter1
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property damage - redress/ options to victims - specifically commercial victims

one thing I've sometimes heard (especially related to items on show in shops is "you break it, you buy it" with the idea being that if someone were to accidentally damage an item intended for display on the shop floor that it is then acceptable for…
Matt Bartlett
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Do principles of common law apply everywhere?

For example presumed innocent until proven guilty is a principle of common law. Does it apply in every country which has common law?
Throwaway2637y272
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What is the extent of "technically feasible" in common law?

If a law requires a website to perform a duty towards its users as far as technically feasible what is the extent ? Does it mainly take care of financxial costs? Meaning is something that is possible using existant technology but very expensive and…
saverightlife-somreone
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What is the common law definition or key elements of "selling" something

Is there a common law definition of "sell" or some key elements? What is required for a transaction to constitute a "sale"? I have a situation where a license is required by statute to "sell" some specific type of equipment, and our company (a…
user18856