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
  • Rhode Island Common Law Marriages: The Complete Guide

    … of marriage. While California might recognize a common law marriage from another state, inhabitants of California cannot legally make a common law marriage. Only 11 states recognize this type of marriage, and Rhode Island is one of them. Each one of those eleven states has its own requirements for the marriage. While the wording in the legislation…

    The Law Office of Jeremy Howe- 14 readers -
  • Original Notes and Loan Papers: What Does a Lender Need to Foreclose?

    … of the promissory note but need not show possession of the mortgage itself. So the question remains, how does a plaintiff “show possession” of the promissory note? Does the original need to be produced? Possession of the Original Promissory Note in New York In accordance with the common law “best evidence rule,” a party seeking to prove the disputed…

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

    … law, statutes of limitations enforceable in real property actions have been codified since the Roman Empire. As far back as 1236, the English Common law, on which our American system of law is based, put temporal limitations on a claimant’s rights to bring a legal action to reclaim real property. The purpose behind such a limitations period…

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

    … to promote your peace of mind and judicial efficiency, the lender should have taken action to protect its rights within the reasonable period of time as codified by the statute of limitations. Contact a Long Island Foreclosure Attorney Today The statute of limitations is more than simply a “defense” to a foreclosure action in New York…

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

    … and complaint in supreme court. Contact a Long Island Bankruptcy and Foreclosure Attorney for Case Analysis There have been a string of recent newsworthy New York foreclosure cases involving violation of the six-year statute of limitations. As New York has one of the nation’s longest foreclosure processes and loans are often transferred between…

    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- 29 readers -
  • Probation: Why Bother?

    …. The January 2017 BC Supreme Court decision in Ly v. British Columbia (Interior Health Authority) inspired us to consider the issue from a different perspective. Put simply: Are probationary periods necessary or advisable? The Case of Ly v. IHA Mr. Ly’s employment contract with IHA included a 6 month probationary period for new employees. When he…

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

    … employee trust and engagement in the long term. (For more on the topic of the flex hours generally, see our post here.) Be proactive. If your benefits plan includes sessions with an EAP (employee assistance plan) provider or coverage for psychological services, remind your employee of this – and, again, make sure to give him the time and space he…

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

    … to English common law. The doctrine of escheat provided that if a person died without heirs his property would revert to the crown or state. In the modern era, these laws require a business that holds property on behalf of a third-party to report and turn over to the state any property not claimed or redeemed by its owner after the passage…

    Brann & Isaacson- 9 readers -
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