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Roman Dutch common law jurisdictions include South Africa, Botswana, Lesotho, Namibia, Swaziland, Sri Lanka and Zimbabwe. Many of these jurisdictions recognise customary law, and in some, such as South Africa the Constitution requires that the common law be developed in accordance with the Bill of Rights.
Based on English common law, personal law based on sharia law applies to Muslims. Nigeria: Common law is used at the federal level and in most states, Sharia is applied in some northern states. Pakistan: Based on English common law, some Islamic law (sharia) applications in inheritance. Formerly Tribal Law in the FATA. [33]
Until 1938, federal courts in the United States followed the doctrine set forth in the 1842 case of Swift v.Tyson. [2] In that case, the U.S. Supreme Court held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different U.S. states) had to apply the statutory law of the states, but not the common law developed by ...
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.
In the history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament) called a franchise. Traditional franchise jurisdictions of various powers were held by municipal corporations, religious houses, guilds, early universities, the Welsh Marches, and counties palatine.
1 Specific to common law jurisdictions; 2 Specific to civil and mixed law jurisdictions; 3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions; 4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law .
At common law, an attorney not licensed to practice in a particular jurisdiction may be permitted to appear pro hac vice. In the legal field in the United States, pro hac vice (English: / p r oʊ h æ k ˈ v iː tʃ eɪ /) [1] is a practice in common law jurisdictions whereby a lawyer who has not been admitted to practice in a certain jurisdiction is allowed to participate in a particular case ...