Also known as: droit commun · common law
Written by attorneys · grounded in primary & secondary sources — see below
A body of judge-made law developed through judicial decisions rather than statutes or constitutions.
Derek Douglas drove his truck through a red light while fleeing police after committing a misdemeanor traffic violation. The collision killed a pedestrian. A court applies the common law unlawful-act theory to hold Derek liable for involuntary manslaughter even though the underlying offense was not a felony.
Dylan Duffy sued Dawson Steel in federal court for breach of a $50,000 supply contract. Dawson demanded a jury. The court preserves the right to a jury trial because the action is one at common law exceeding twenty dollars.
Devon Drake, a citizen of State A, sued Decker Electronics, a citizen of State B, in federal court for negligence arising from a workplace injury in State A. The court applies State A's substantive tort rules rather than any independent federal common law.
Select any source to read its text and confirm it supports the definition.
Danielle Dixon petitioned to adopt her niece after the child's parents died. The court notes that adoption proceedings are governed entirely by statute because the common law provided no mechanism for creating a parent-child relationship by judicial decree.
Doris Duffy sought to compel testimony from a therapist who treated Daphne Doyle after a workplace shooting. The court recognizes a psychotherapist privilege under the common law as interpreted by federal courts in light of reason and experience.
Dillon Energy operated a power plant near a residential area. When a resident sued for nuisance, the court charged the company with knowledge of common law customs and legislative enactments likely to affect neighboring conduct when assessing whether the risk of harm was foreseeable.
It is the Law French term for the common law, the body of judge-made rules developed through court decisions.
Supporting sources
At common law involuntary manslaughter arises from a killing caused by criminal negligence or by the commission of an unlawful act.
Yes. In suits at common law where the amount in controversy exceeds twenty dollars, the right to a jury trial is preserved and facts tried by a jury may not be reexamined except according to common law rules.
No. In diversity cases federal courts must apply the substantive law of the state in which they sit, including its conflict-of-laws rules, rather than any independent federal general common law.
No. Adoption is purely statutory and was not recognized at common law.
The common law as interpreted by United States courts in light of reason and experience governs a claim of privilege unless the Constitution, a federal statute, or Supreme Court rules provide otherwise.
…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…