In accordance with the common law, historically, this term was used to refer to something that was in accordance with the common law.
Secundum legem communem, a Latin term used in legal history, refers to “according to the common law.” One instance of secundum legem communem is the principle of stare decisis, which mandates that courts should adhere to the decisions made by previous courts in similar cases. This principle is founded on the notion that the common law comprises a collection of legal principles that have evolved over time through judicial decisions. Another example is the rule against hearsay, a common law regulation that prohibits the use of out-of-court statements as evidence in court. This rule is based on the belief that such statements are unreliable and easily manipulated. These examples effectively demonstrate the definition of secundum legem communem by showcasing how the common law is a compilation of legal principles that have developed over time through judicial decisions. The principle of stare decisis and the rule against hearsay are both illustrations of common law rules that have been established through the decisions of judges over time. These rules are grounded in the idea that the common law embodies the wisdom and experience of previous generations of judges.
“Secundum Legem Communem” is a Latin phrase that translates to “according to common law.” It refers to the legal principle that decisions should be made based on established legal precedents and customs rather than specific statutes or legislation.
“Secundum Legem Communem” focuses on the application of common law principles, while “Lex Scripta” refers to laws that are explicitly written and enacted by legislative bodies.
While “Secundum Legem Communem” is primarily associated with common law systems, some civil law jurisdictions may also consider common law principles in their decision-making process, especially in cases where there is a lack of specific legislation.
“Secundum Legem Communem” empowers judges to interpret and apply legal principles based on established precedents and customs. It allows judges to exercise discretion and make decisions that align with the principles of fairness and justice.
While “Secundum Legem Communem” is an important legal principle, it is not absolute. In some cases, statutes or legislation may take precedence over common law principles, especially if they are more specific or relevant to the situation at hand.
Lawyers can use “Secundum Legem Communem” to support their arguments by citing relevant legal precedents and customs that align with their client’s position. It helps establish a persuasive case based on established legal principles.
Yes, if new legislation is enacted that directly contradicts or modifies existing common law principles, it can override the application of “Secundum Legem Communem.” However, courts may still consider the historical context and intent behind the legislation when interpreting its application.
“Secundum Legem Communem” provides a level of legal certainty as it allows individuals to anticipate how courts will interpret and apply legal principles based on established precedents. It promotes consistency and predictability in the legal system.
“Secundum Legem Communem” can be challenged or modified through legal reforms or changes in societal norms. However, any changes would require a comprehensive review of existing legal precedents and customs to ensure a smooth transition.
“Secundum Legem Communem” is applicable in various areas of law, including contract law, tort law, and property law. However, its application may vary depending on the specific legal system and jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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