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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. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that the United States does not have a general federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.
Swift v. Tyson, 41 U.S. 1 (1842) Federal courts hearing cases were bound to follow the statutory laws of states that they were asked to enforce, but not the state's common law. The goal was to encourage the development of a federal common law; since that did not occur, the decision was overruled almost a century later by Erie Railroad Co. v ...
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used ...
The Court held that a taking had occurred, but nullified the common law doctrine that ownership of property extended indefinitely upward. The court also affirmed that navigable airspace was public domain and held that flights which are so low and frequent as to be a direct and immediate interference with the enjoyment and use of real property ...
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 ...
United States v. Barker, 15 U.S. (2 Wheat.) 395 (1817), was a case decided by the United States Supreme Court upholding the common law tradition that private citizens may not demand costs from the federal government. [1]