The Law Dictionary Featuring Black’s Regulation Dictionary Free On-line Authorized Dictionary 2nd Ed. Second, with the event of fairness and equitable rights and cures, frequent regulation and equitable courts, process, rights, and cures, and many others., are frequently contrasted, and on this sense common legislation is distinguished from equity.
As a result of common-law selections cope with on a regular basis conditions as they occur, social changes, innovations, and discoveries make it essential for judges generally to look outside reported selections for guidance in a case of first impression (beforehand undetermined legal difficulty).
This includes (a) the Constitution; (b) enactments made by or underneath the authority of the Parliament established by the Constitution; (c) any Orders, Guidelines and Regulations made by any particular person or authority under a power conferred by the Structure; (d) the prevailing regulation; and (e) the common regulation.
As another example, the Supreme Court of the United States in 1877, 62 held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing widespread-law marriage , as a result of the statute didn’t affirmatively require statutory solemnization and was silent as to preexisting frequent legislation.