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• common law
  common law

  noun

  the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law.
• common-law
  common-law

  adjective

  of, relating to, or established by common law.

common law

¹ American  

[kom-uhn law] / ˈkɒm ən ˈlɔ /

noun

1. the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law.

2. the unwritten law, especially of England, based on custom or court decision, as distinct from statute law.

3. the law administered through the system of courts established for the purpose, as distinct from equity or admiralty.

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common-law ² American  

[kom-uhn-law] / ˈkɒm ənˈlɔ /

adjective

1. of, relating to, or established by common law.

   a common-law spouse.

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common law British  

noun

1. the body of law based on judicial decisions and custom, as distinct from statute law

2. the law of a state that is of general application, as distinct from regional customs

3.  common-law.  (modifier) denoting a marriage deemed to exist after a couple have cohabited for several years

   common-law marriage

   common-law wife

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common law Cultural  

1. Law developed in the course of time from the rulings of judges, as opposed to law embodied in statutes passed by legislatures (statutory law) or law embodied in a written constitution (constitutional law). (See stare decisis.)

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The importance of common law is particularly stressed in the legal system of Britain, on which the legal system of the United States is based.

Etymology

Origin of common law¹

Middle English word dating back to 1300–50

Origin of common-law²

First recorded in 1905–10

Example Sentences

Justice Elena Kagan said the administration was seeking to undo a legal tradition of birthright citizenship that dates back to English common law.

From BBC • Apr. 1, 2026

He also said he understood he had "common law employment rights", adding "this will be better understood by lawyers than by me".

From BBC • Mar. 11, 2026

Under common law, liability for “aiding and abetting” is reserved for parties that consciously induce or assist wrongdoing.

From The Wall Street Journal • Nov. 27, 2025

Under Islamic law, which operates alongside common law in Pakistan, the family of a killed relative can accept financial compensation from the perpetrators in exchange for forgiveness, leaving them free from prosecution.

From Barron's • Oct. 13, 2025

Congress had moved gradual emancipation off its political agenda; its decision in the spring of 1790 became a precedent with the force of common law.

From "Founding Brothers: The Revolutionary Generation" by Joseph J. Ellis