federal common law

federal common law
A body of decisional law developed by the federal courts. The application of this body of common law is limited by the Erie doctrine and by the Rules of Decision Act, which provides that except for cases governed by the Constitution, the treaties of the United States, or acts of Congress, federal courts are to apply state law. Areas in which federal common law have been developed include federal "proprietary" interests, admiralty and foreign relations. Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188.
- Swift v. Tyson Case

Black's law dictionary. . 1990.

Игры ⚽ Нужно решить контрольную?

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  • federal common law — n: case law developed in the federal courts see also erie railroad co. v. tompkins in the important cases section ◇ Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international… …   Law dictionary

  • Federal common law — is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law doctrines with a… …   Wikipedia

  • federal common law — A concept intriguing to legal theorists. Strictly speaking, a nonentity. 15 Am J2d Com L § 4. In a less than strict usage, the common law enforced generally throughout the United States. Western Union Tel. Co. v Call Pub. Co. 181 US 92, 45 L Ed… …   Ballentine's law dictionary

  • federal common law — A body of decisional law developed by the federal courts. The application of this body of common law is limited by the Erie doctrine and by the Rules of Decision Act, which provides that except for cases governed by the Constitution, the treaties …   Black's law dictionary

  • common law — n: a body of law that is based on custom and general principles and embodied in case law and that serves as precedent or is applied to situations not covered by statute the common law of torts: as a: the body of law that was first developed in… …   Law dictionary

  • Common law — For other uses, see Common law (disambiguation). Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A… …   Wikipedia

  • common law — 1. the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law. 2. the unwritten law, esp. of England, based on custom or court decision, as distinct from statute law. 3. the law… …   Universalium

  • common law — As distinguished from statutory law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority …   Black's law dictionary

  • common law — As distinguished from statutory law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority …   Black's law dictionary

  • common law — Those principles, usages and rules of action applicable to the government and security of persons and property which do not rest for their authority upon any express or positive statute or other written declaration, but upon statements of… …   Ballentine's law dictionary

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