Also known as: de common droit · at common law · by common law
Written by attorneys · grounded in primary & secondary sources — see below
A historical Law French phrase referring to rights, remedies, or rules supplied by the common law itself. The phrase distinguishes common-law principles from those created by statute, equity, or later legislation.
Diana Delgado struck a pedestrian while speeding through an intersection. Because the collision occurred during commission of the misdemeanor of reckless driving, the resulting death constituted involuntary manslaughter de comon droit under the unlawful-act theory.
Dorothy Daniels sued Dover Bank for conversion of funds after the bank refused to honor her stop-payment order. Because the claim sought damages exceeding twenty dollars and sounded in common-law trover, Dorothy invoked her right to a jury trial de comon droit under the Seventh Amendment.
Daphne Doyle petitioned to adopt her niece after the child's parents died. The court denied the petition because adoption did not exist de comon droit and could be accomplished only through statutory procedures that Daphne had not followed.
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Dominion Capital, a partner, sold property to the partnership at an inflated price. The remaining partners raised a claim for breach of loyalty, but Dominion avoided liability by proving the transaction was fair to the partnership de comon droit.
Darius Dixon discovered his spouse in an act of adultery and immediately stabbed the other person. The killing would have been murder but was reduced to voluntary manslaughter de comon droit because it occurred in the heat of passion upon adequate provocation before a reasonable cooling-off period.
Delilah Duran, age sixteen, purchased an expensive laptop from Decker Electronics. When she later sought to return it for a full refund, the store refused, but Delilah successfully disaffirmed the contract de comon droit under the infancy doctrine.
The phrase identifies a right, remedy, or rule that arises directly from the common law rather than from statute or equity. Courts used it to distinguish principles supplied by judge-made common law from those created by legislation.
A right de comon droit exists independently of legislative enactment and traces its origin to judicial decisions under the common law. Statutory rights, by contrast, depend on the text and effective date of a particular enactment.
Most jurisdictions have codified or modified common-law rules, reducing the need to invoke the historical label. When the phrase appears today it usually signals that a court is applying an uncodified common-law doctrine rather than a statutory provision.
…in historical context, a long-accepted and revered statement of medical ethics. 3. The common law. It is undisputed that at common law, abortion performed before "quickening"— the first recognizable movement of the fetus in utero , appearing usually from the 16th to the 18th week of pregnancy[^maj-20]—was not an…