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THE COMMON LAW AS STATUTORY BACKDROP

use of common law rules and definitions as an interpretive resource is surprisingly understudied and undertheorized in the statutory interpretation literature This Article provides the first empirical and doctrina l analysis of how the modern Supreme Court uses the common law to determine statutory meaning based on a study of 602

What is common law based on?
The simplest definition for common law is that it’s a “body of law” based on court decisions rather than codes or statutes. But in reality, common law is often more complicated than that. At the center of common law is a legal principle known as stare decisis, which is a Latin phrase that roughly means “to stand by things decided.”
Why does the Court rely on the common law?
But whichever formulation it uses, the Court in such cases is justifying its (often heavy) reliance on the common law with an appeal to legislative understandings and expectations — that is, what members of Congress presumably had in mind — when drafting the statute.
Does the court use the common law to determine statutory meaning?
The Article also notes several problems with the Court’s current use of the common law to determine statutory meaning. For example, the Court has provided no criteria indicating when the common law is relevant to an interpretive inquiry, leading to inconsistencies in the Court’s use of the common law even with respect to the same statute.
How did common law work in the Middle Ages?
In the Middle Ages, common law in England coexisted, as civil law did in other countries, with other systems of law. Church courts applied canon law, urban and rural courts applied local customary law, Chancery and maritime courts applied Roman law.

PDF	Berkeley Law To an American familiar with the terminology and process of our legal system which is based on Eng- lish common law

PDF	The Civil Law and the Common Law: Some Points of Comparison The concentration in this article on the civil law and the common law is not intended to derogate from the importance and values of other legal systems.

PDF	Common Law Constitutional Interpretation Strauss "Common Law Constitutional Interpretation

PDF	ARTICLES Mixed jurisdictions : common law vs civil law (codified Rev. dr. unif. 1999-3. 591. ARTICLES. Mixed jurisdictions : common law vs civil law. (codified and uncodified) (Part I). William Tetley Q.C. *. CONTENTS.

PDF	Customary International Law as Federal Common Law: A Critique of this country's post-Erie¹ federal common law has become a well- entrenched component of U.S. foreign relations law. In this Article.

PDF	Mixed Jurisdictions: Common Law v. Civil Law (Codified and Common law/civil law mixed jurisdictions include4 Louisiana of Laws (Articles 3514-3549 c.c.) adopted in 19910. H. Egypt. Prior to the arrival of Islam ...

PDF	THE FTC AND THE NEW COMMON LAW OF PRIVACY In this Article we endeavor to map this uncharted terrain. We ex- plore how and why the FTC

PDF	The Common Law Origins of the Infield Fly Rule that: An INFIELD FLY is a fair fly ball (not including a line drive nor an at- tempted bunt) which can be caught by an infielder with ordinary effort when.

PDF	How Equity Conquered Common Law: The Federal Rules of Civil a two-court system: "common law" or "law" courts and "Chancery" This Article will explore flaws in equity and law when we ex- amine the evolution of ...

PDF	Mixed jurisdictions : common law vs civil law (codified and Restitution is the new common law science which in recent years has spawned textbooks law journals and law articles

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PDF	Common Law and Civil Law - CORE tween the Western world's two great legal systems, the Civil Law and the Common Law In an article dedicated to the University of Puerto Rico on the occasion

PDF	THE COMMON LAW AND THE RULE OF LAW - Stetson University the scope of judicial authority in remolding or modernizing the common law Part II of this Article examines the definition and history of the common law, while