Common law (legal system) in the context of "Offence (law)"

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⭐ Core Definition: Common law (legal system)

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case.

Common law is deeply rooted in the principle of stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.

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Common law (legal system) in the context of Crime

In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law.

The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each relevant jurisdiction. While many have a catalogue of crimes called the criminal code, in some common law nations no such comprehensive statute exists.

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Common law (legal system) in the context of Delict

Delict (from Latin dēlictum, past participle of dēlinquere ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct.

In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (culpa) is the main element of liability. The term is similarly used in a handful of other English-speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but tort is the equivalent legal term used in common law jurisdictions and in general discussions of non-contractual liability.

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Common law (legal system) in the context of Legal violation

A wrong or wrength (from Old English wrang – 'crooked') is an act that is illegal, incorrect, or immoral. Legal wrongs are usually quite clearly defined in the law of a state or jurisdiction. They can be divided into civil wrongs and crimes (or criminal offenses) in common law countries, while civil law countries tend to have some additional categories, such as contraventions.

Moral wrong is an underlying concept for legal wrong. Some moral wrongs are punishable by law, for example, rape or murder. Other moral wrongs have nothing to do with law but are related to unethical behaviours. On the other hand, some legal wrongs, such as many types of parking offences, could hardly be classified as moral wrongs.

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