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According to Black's Law Dictionary common law is "The body of law derived from judicial decisions, rather than from statutes or constitutions". [17] Legal jurisdictions that use common law as precedent are called "common law jurisdictions," in contrast with jurisdictions that do not use common law as precedent, which are called "civil law" or "code" jurisdictions."
Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. [6] [b] Not being a civil law system, it has no comprehensive codification. [c] However, most of its criminal law has been codified from its common law origins, in the interests both of certainty and of ease of prosecution.
Based on English common law, personal law based on sharia law applies to Muslims. Nigeria: Common law is used at the federal level and in most states, Sharia is applied in some northern states. Pakistan: Based on English common law, some Islamic law (sharia) applications in inheritance. Formerly Tribal Law in the FATA. [33]
In the former camp was German jurist Samuel von Pufendorf (1632–1694), who stressed the supremacy of the law of nature over states. [44] [45] His 1672 work, Of the Law of Nature and Nations, expanded on the theories of Grotius and grounded natural law to reason and the secular world, asserting that it regulated only external acts of states. [44]
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
Legal Systems of the World. Comparative law is the study of differences and similarities between the law (legal systems) of different countries.More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the common law, the civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law.
Each state sets its own rules for the sale and importation of alcohol, including the drinking age. Because a federal law provides federal funds to states that prohibit the sale of alcohol to minors under the age of twenty-one, all fifty states have set their drinking age there. Rules about how alcohol is sold vary greatly from state to state. [161]
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.