Also known as: Anglo American common law · common law · Anglo-American law
Written by attorneys · grounded in primary & secondary sources — see below
A body of judge-made law originating in England and adopted and developed in the United States. It consists of rules and principles derived from judicial decisions rather than statutes.
Adrian Aguilar drove while intoxicated and struck a pedestrian, causing death. The prosecution charged involuntary manslaughter on the unlawful-act theory. The court applied the common-law rule that a killing during commission of an unlawful act supports manslaughter liability even without separate proof of criminal negligence.
Amber Alonzo sued Alliance Holdings for breach of contract seeking $75,000 in damages. The defendant moved to strike the jury demand. The court preserved the jury trial because the action was a suit at common law exceeding twenty dollars.
Abigail Alvarez, a citizen of State A, sued Aether Technologies, a citizen of State B, in federal court for negligence under state law. The defendant urged application of a federal common-law rule. The court rejected the argument and applied State A's substantive law instead.
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Alfred Ashford petitioned to adopt his stepchild. The natural parent objected that adoption was unknown at common law. The court granted the petition because adoption exists solely by statute in the jurisdiction.
Alexandra Armstrong sought production of therapy notes in a federal civil case governed by state law. The psychotherapist invoked privilege. The court applied state privilege law under the common-law framework of Rule 501.
Alice Atkins left a ladder unsecured near a public walkway. A passerby tripped and fell. The court considered common-law customs and legislative enactments in the community when deciding whether the conduct created a recognizable risk.
It encompasses both the English common law tradition and the body of judge-made law developed by American courts after adoption of English precedents.
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It preserves the right to jury trial in civil actions that would have been tried to a jury under the common-law forms of action at the time of the amendment's adoption.
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Federal courts must apply state substantive law in diversity cases rather than creating uniform judge-made rules for matters governed by state law.
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No. Adoption was unknown at common law and exists only by statute in every American jurisdiction.
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Federal common law as interpreted by reason and experience governs privilege claims unless the Constitution, a federal statute, or Supreme Court rule provides otherwise.
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…weights of the respective interests involved, with the lessons and examples of medical and legal history, with the lenity of the common law, and with the demands of the profound problems of the present day. The decision leaves the State free to place increasing restrictions on abortion as the period of pregnancy lengthens, so…