common law position

USAGE SUMMARY

"common law position" is correct and usable in written English.
You can use "common law position" when referring to the understanding of laws formulated by judges over time through decisions and prior interpretations, rather than established in a formal statutory system. For example, "Under the common law position, the court held that the plaintiff was entitled to compensation."

✓ Grammatically correct

News & Media

Wiki

Science

Human-verified examples from authoritative sources

Exact Expressions

3 human-written examples

In September, when the treasurer, Scott Morrison, announced the planned 19% tax rate, he said the common law position was if the Senate was unable to resolve the issue then the backpacker tax would to default to 32.5c in the dollar.

The Guardian

The English common law position that a public body cannot fetter its discretion by abdicating its responsibility and powers to another was discussed and adopted in Lines International.

Wikipedia

This is different from the common law position where such a standing offer would be revocable if not supported by consideration.

Food and Agriculture Organization of the United Nations

Human-verified similar examples from authoritative sources

Similar Expressions

57 human-written examples

Jodie Blackstock, an expert in European law at the civil rights group Justice, said: "The suggestion that we are losing the common law ignores our position in the Council of Europe.

Independent

federal system," they do suggest that their approach represents a middle ground between proponents of the "modern position" that CIL simply is federal common law and critics of that position, who insist that CIL may be applied by American courts only where it is incorporated into the domestic legal system through an affirmative act by the political branches.

Duke University

But he said Mr. Samantar may still be immune from suit under common law principles, depending on the position taken on that by the State Department.

The New York Times

A trust can differ from this default, but the Act confirms the recent developments in the common law from the old default position that trustees were entitled to nothing unless it was explicitly stated that they were.

Wikipedia

In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords.

Wikipedia

The unity and consistency of the common law were promoted by the early dominant position acquired by the royal courts.

Britannica

"If Williams was touring nationally and his music under the C&C Music Factory name was getting national-wide play radio, clubs, wherever he would have a great position that he established common law trademark rights," Chahal explains.

Vice

And Lord Neuberger, the Master of the Rolls, added, it would put the court in the invidious position of "purportedly developing the common law, [but] in fact be undermining one of its most fundamental principles".

The Guardian

Expert writing Tips

Best practice

When using the phrase "common law position", ensure you are referring to a legal principle or understanding derived from judicial decisions and precedents, not statutory law. Provide specific citations or examples to support your interpretation.

Common error

Avoid using "common law position" when referring to principles explicitly defined in statutes or legislation. Common law is judge-made law, distinct from codified statutes.

Linguistic Context

The phrase "common law position" functions as a noun phrase, typically serving as the subject or object of a sentence. It refers to a specific legal principle, interpretation, or understanding derived from common law. According to Ludwig AI, it refers to the understanding of laws formulated by judges over time through decisions and prior interpretations.

Expression frequency: Rare

Frequent in

News & Media

33%

Wiki

33%

Science

33%

Less common in

Academia

0%

Formal & Business

0%

Encyclopedias

0%

Ludwig's WRAP-UP

In summary, "common law position" is a noun phrase used to describe a legal principle or understanding derived from judicial decisions, rather than statutory law. According to Ludwig AI, the phrase is grammatically correct and refers to laws formulated by judges. It is most frequently used in legal and academic contexts, though it can also appear in news reporting. While grammatically sound, the term is relatively rare. When employing this phrase, ensure clarity by specifying the relevant precedents or case law. Alternative phrases like "established legal precedent" or "accepted common law interpretation" can offer nuanced variations.

More alternative expressions

Phrases that express similar concepts, ordered by semantic similarity:

common law stance

A synonym that replaces "position" with a word of similar meaning, indicating an attitude or opinion within common law.

the common law as it stands

Describes the current condition or state of common law.

accepted common law interpretation

Highlights the widely recognized explanation of common law.

traditional common law view

Highlights the conventional or long-held perspective in common law.

prevailing common law understanding

Emphasizes the widespread acceptance of a particular interpretation within common law.

historical common law perspective

Focuses on a viewpoint rooted in the historical development of common law.

established legal precedent

Focuses on the precedent-setting nature of common law, rather than a specific 'position'.

judicial interpretation in common law

Highlights the role of courts in shaping the understanding of common law.

common law doctrine

Refers to a fundamental principle within common law, shifting from a 'position' to a foundational concept.

common law jurisprudence

Refers to the body of court decisions that form the basis of common law.

FAQs

How is the term "common law position" used in legal contexts?

The term "common law position" refers to a principle or understanding of the law that has been established through court decisions and legal precedent, rather than through statutes or legislation.

What is the difference between "common law position" and statutory law?

The "common law position" arises from judicial rulings, while statutory law is enacted by legislative bodies. They represent distinct sources of legal authority.

Are there alternative phrases for "common law position"?

Yes, you could use terms like "established legal precedent", "prevailing common law understanding", or "accepted common law interpretation" depending on the specific nuance you wish to convey.

In which countries or legal systems is the "common law position" most relevant?

The "common law position" is primarily relevant in countries with common law legal systems, such as the United Kingdom, the United States, Canada, Australia and other jurisdictions that inherited or adopted English common law.