common law
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 27 U.S. 137 - John Van Ness v. Perez Pacard · 1829Most cited · 120 citing opinions
American adaptation
The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their situation.
How the Supreme Court has restated “common law”
Each Supreme Court definition of “common law,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “common law”
Court decisions citing the 3 opinions that defined “common law” — 191 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1789–1829
- ORIGINAL
the common law is common right, common reason, or common justice.
When the American colonies were first settled by our ancestors, it was held, as well by the settlers, as by the Judges and lawyers of England, that they brought hither, as a birth-right and inheritance; so much of the common law, as was applicable to their local situation, and change of circumstances. But each colony judged for itself, what parts of the common law were applicable to its new condition; and in various modes, by Legislative acts, by Judicial decisions, or by constant usage, adopted some parts, and rejected others.... The common law, therefore, of one State, is not the common law of another; but the common law of England, is the law of each State, so far as each state has adopted it.
in the American States