Common Law

Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch.A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts.
Posts about Common Law
  • Original Notes and Loan Papers: What Does a Lender Need to Foreclose?

    … may be misplaced in the process. Because these original documents prove ownership of the mortgage, and thus the right to initiate the foreclosure process, the rules of evidence in New York State Supreme Court may require production of the original promissory note in order to proceed with foreclosure litigation. Without said note, a borrower…

    Ronald D. Weiss, PC- 12 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … that the action is time barred, file a motion to dismiss on that ground prior to answering the complaint, or in certain circumstances, file a motion for summary judgment that asks to the court to decide, as a matter of law, that the action is time barred. Generally, the moving party, that is, the party asking the court to take action, has the burden…

    Ronald D. Weiss, PC- 14 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … rights are some of the most highly protected rights in the American legal system, which is why New York State requires lenders to navigate a plethora of procedural barriers in foreclosure actions. Expiration of the New York Statute of Limitations Pursuant to New York law, a foreclosure action must be commended in supreme court in the county…

    Ronald D. Weiss, PC- 15 readers -
  • Triggering the Statute of Limitations in a New York Foreclosure Action

    … Although the term “foreclosure” is used liberally whenever a mortgagor is unable to abide by the terms of his mortgage note, in New York, “foreclosure”1 actually refers to a supreme court lawsuit filed by the mortgage holder, traditionally a bank or finance company, against the mortgagee, traditionally a private homeowner. Foreclosure begins when…

    Ronald D. Weiss, PC- 9 readers -
  • Postmedia’s Layoffs: Words to the Wise

    … By Fiona Anderson. As a former journalist, I can’t help but be mesmerized by the bloodletting that is happening at newspapers and television and radio stations across Canada. The only exception is the publicly funded Canadian Broadcasting Corporation. Private companies need to make money to survive and, with advertisers now having their own…

    Wendy Woloshyn/ kentemploymentlaw.com- 28 readers -
  • Probation: Why Bother?

    … to compensation under s. 63, unless she was fired for cause. • The test for dismissing a probationary employee is suitability. So long as an employer can prove that it acted in good faith in assessing the employee’s suitability for the position, the employer can dismiss the employee without providing reasonable notice under the common law. Suitability…

    Wendy Woloshyn/ kentemploymentlaw.com- 15 readers -
  • Words from Simon: What Employers Need to Know about Family Law

    … at first, there are actually many ways that family law-related issues can impact both employees and employers. In 2016, approximately 33% of marriages ended in divorce – and this number only increases if you include common law relationships that came to an end. Given these figures, it’s extremely likely that a business owner will have one or more…

    Wendy Woloshyn/ kentemploymentlaw.com- 24 readers -
  • Unclaimed Property Dispute in Supreme Court May Impact Retailers

    … Delaware, in which many businesses incorporate. In 2013, unclaimed property provided 16% of the total revenue for Delaware’s general fund. The case presently before the Supreme Court, Delaware v. Pennsylvania and Wisconsin, is a dispute between states over unclaimed funds relating to “Official Checks” issued by MoneyGram in various states, including…

    Brann & Isaacson- 9 readers -
  • Understanding Illinois Insurance Law

    … company is not doing what it is supposed to under state law, call the attorneys of Staver Law Group today at or contact us online to learn your rights and legal options. The post Understanding Illinois Insurance Law appeared first on Chicago Personal Injury Lawyer. …

    Jared Staver/ Chicago Personal Injury Lawyer- 22 readers -
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