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
    • Order to Show Cause to Stay Foreclosure Sale in New York

      Upon entry of Judgment of Foreclosure and Sale1 in New York Supreme Court, the judgment will generally direct that the mortgaged premises be sold at public auction at a particular date and time, typically four months after entry of the foreclosure judgment. At common law, however, a borrower’s right to redeem the home lasted until the home was officially sold at public auctio ...

      Ronald D. Weiss, PC- 16 readers -
  • Rhode Island Common Law Marriages: The Complete Guide

    … Common law marriage might sound like a simple term. However, common law marriages are far from simple. There are a lot of misunderstandings and myths surrounding this type of marriage. Rhode Island has some unusual laws regarding common law marriages. To help you understand those laws, here’s a guide to Rhode Island common law marriages. Common…

    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

    … 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- 14 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- 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- 10 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- 30 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 -
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