Common law

What common law means

Put simply, common law is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where common law comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses common law in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Collateral: property pledged to secure payment of a debt or performance of an obligation. If the debtor defaults, the secured party may be able to take or sell the collateral. Under UCC § 9-102(a)(12), collateral is the property subject to a security interest or agricultural lien.
• Collateral estoppel: issue preclusion: when an issue of fact or law is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, it is generally conclusive in a later action between the parties, whether on the same or a different claim (Restatement (Second) of Judgments § 27).
• Commerce: the buying, selling and moving of goods and services, especially between states or countries. Under the Commerce Clause, Article I, Section 8, Clause 3 of the U.S. Constitution, Congress has power to regulate commerce with foreign nations, among the states and with Indian tribes.
• Commissioner: in many state court systems, a judicial officer appointed by the court, rather than elected, who hears assigned types of matters such as small claims, traffic, family support or certain motions.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.