All Canada except Quebec and all of the United States except Louisiana follow common law. U.S. state statutes usually provide that the common law, equity, and statutes in effect in England in 1603, the first year of the reign of James I, shall be deemed part of the law of the jurisdiction. Later decisions of English courts have only persuasive authority.
The distinctive feature of common law is that it represents the law of the courts as expressed in judicial decisions. The grounds for deciding cases are found in precedents provided by past decisions, as contrasted to the civil law system, which is based on statutes and prescribed texts. Besides the system of judicial precedents, other characteristics of common law are trial by jury and the doctrine of the supremacy of the law. Originally, supremacy of the law meant that not even the king was above the law; today it means that acts of governmental agencies are subject to scrutiny in ordinary legal proceedings.
Judicial precedents derive their force from the doctrine of stare decisis [Lat.,=stand by the decided matter], i.e., that the previous decisions of the highest court in the jurisdiction are binding on all other courts in the jurisdiction. Changing conditions, however, soon make most decisions inapplicable except as a basis for analogy, and a court must therefore often look to the judicial experience of the rest of the English-speaking world. This gives the system flexibility, while general acceptance of certain authoritative materials provides a degree of stability. Nevertheless, in many instances, the courts have failed to keep pace with social developments and it has become necessary to enact statutes to bring about needed changes; indeed, in recent years statutes have superseded much of common law, notably in the fields of commercial, administrative, and criminal law. Typically, however, in statutory interpretation the courts have recourse to the doctrines of common law. Thus increased legislation has limited but has not ended judicial supremacy.
Early common law was somewhat inflexible; it would not adjudicate a case that did not fall precisely under the purview of a particular writ and had an unwieldy set of procedural rules. Except for a few types of lawsuits in which the object was to recover real or personal property, the only remedy provided was money damages; the body of legal principles known as equity evolved partly to overcome these deficiencies. Until comparatively recent times there was a sharp division between common law (or legal jurisprudence) and equity (or equitable jurisprudence). In 1848 the state of New York enacted a code of civil procedure (drafted by David Dudley Field) that merged law and equity into one jurisdiction. Thenceforth, actions at law and suits in equity were to be administered in the same courts and under the same procedure. The Field code reforms were adopted by most states of the United States, by the federal government, and by Great Britain (in the Judicature Act of 1873).
See O. W. Holmes, The Common Law (1881; new ed., ed. by M. DeWolfe Howe, 1963, repr. 1968); T. F. Plucknett, Concise History of the Common Law (5th ed. 1956); H. Potter, Historical Introduction to English Law and Its Institutions (4th ed. 1958); A. R. Hogue, Origins of the Common Law (1966); R. C. van Caenegem, The Birth of the English Common Law (1973); J. H. Baker, The Legal Profession and the Common Law (1986); R. L. Abel and P. S. C. Lewis, ed., The Common Law World (1988).
The cold is the most common human ailment. Most adult Americans suffer from one to four colds per year, but children ages one to five—who are the most susceptible—typically may contract as many as eight. Colds are spread by respiratory droplets or by contaminated hands or objects. Although the incidence of colds is higher in winter, exposure to chilling or dampness is considered to be of little significance.
Any one of up to 200 viruses (such as the rhinoviruses, coronaviruses, or respiratory syncytial virus [RSV]) can cause colds, to which it seems almost no one is immune. Infection with a viral strain confers only temporary immunity to that strain. Colds in infants and young children caused by RSV can progress to pneumonia and other complications, especially in those under a year old who were born prematurely or have chronic lung disease; RSV causes an estimated 4,500 deaths yearly in these groups in the United States.
There is no treatment for the common cold other than that aimed at relieving symptoms and keeping the body well-rested, -fed, and -hydrated. Because of the growing problem of drug resistance, doctors are being discouraged from prescribing antibiotics (which do not affect viruses) for colds unless secondary bacterial infection makes them necessary. There is no convincing evidence that vitamin C megadoses can prevent the common cold.
Researchers have reported reduction or prevention of cold symptoms in human tests of an experimental drug against rhinoviruses, which cause nearly half of all colds. The drug acts by imitating a molecule in the body called ICAM-1, to which the rhinovirus attaches to produce colds. As rhinoviruses attach to the decoy molecules instead, the likelihood or severity of infection is decreased.
| Solid | Volume1 |
|---|---|
| cube | l3 |
| right rectangular parallelepiped | lwh |
| prism | Bh |
| right circular cylinder | πr2h |
| pyramid | 1/3Bh |
| right circular cone | 1/3πr2h |
| sphere | 4/3πr3 |
Metric System |
| 1 millimeter = 1/1,000 meter |
| 1 centimeter = 1/100 meter |
| 1 decimeter = 1/10 meter |
| 1 meter (basic unit of length) |
| 1 dekameter = 10 meters |
| 1 kilometer = 1,000 meters |
American and British Units |
| 1 inch = 1/36 yard = 1/12 foot |
| 1 foot = 1/3 yard |
| 1 yard (basic unit of length) |
| 1 rod = 51/2 yards |
| 1 furlong = 220 yards = 40 rods |
| 1 mile = 1,760 yards = 5,280 feet |
| 1 fathom = 6 feet |
| 1 nautical mile = 6,076.1 feet |
Conversion Factors |
| 1 centimeter = 0.39 inch |
| 1 inch = 2.54 centimeters |
| 1 meter = 39.37 inches |
| 1 foot = 0.305 meter |
| 1 meter = 3.28 feet |
| 1 yard = 0.914 meter |
| 1 meter = 1.094 yards |
| 1 kilometer = 0.62 mile |
| 1 mile = 1.609 kilometers |
Metric System |
| 1 square centimeter = 1/10,000 square meter |
| 1 square decimeter = 1/100 square meter |
| 1 square meter (basic unit of area) |
| 1 are = 100 square meters |
| 1 hectare = 10,000 square meters = 100 ares |
| 1 square kilometer = 1,000,000 square meters |
American and British Units |
| 1 square inch = 1/1,296 square yard = 1/144 square foot |
| 1 square foot = 1/9 square yard |
| 1 square yard (basic unit of area) |
| 1 square rod = 301/4 square yards |
| 1 acre = 4,840 square yards = 160 square rods |
| 1 square mile = 3,097,600 square yards = 640 acres |
Conversion Factors |
| 1 square centimeter = 0.155 square inch |
| 1 square inch = 6.45 square centimeters |
| 1 acre = 0.405 hectare |
| 1 hectare = 2.47 acres |
| 1 square kilometer = 0.386 square mile |
| 1 square mile = 2.59 square kilometers |
Metric System |
| 1 cubic centimeter = 1/1,000,000 cubic meter |
| 1 cubic decimeter = 1/1,000 cubic meter |
| 1 cubic meter = 1 stere (basic unit of volume) |
| 1 milliliter = 1/1,000 liter = 1 cubic centimeter |
| 1 centiliter = 1/100 liter |
| 1 deciliter = 1/10 liter |
| 1 liter = 1 cubic decimeter (basic unit of capacity) |
| 1 dekaliter = 10 liters |
| 1 hectoliter = 100 liters = 1/10 cubic meter |
American and British Units |
| 1 cubic inch = 1/46,656 cubic yard = 1/1,728 cubic foot |
| 1 cubic foot = 1/27 cubic yard |
| 1 cubic yard (basic unit of volume) |
| 1 U.S. fluid ounce = 1/128 U.S. gallon = 1/16 U.S. pint |
| 1 British imperial fluid ounce = 1/160 imperial gallon = 1/20 imperial pint |
| 1 pint = 1/8 gallon = 1/2 quart |
| 1 quart = 1/4 gallon |
| 1 U.S. gallon (basic unit of liquid capacity in the United States) = 231 cubic inches |
| 1 imperial gallon (basic unit of liquid capacity in some Commonwealth nations) = 277.4 cubic inches |
| 1 dry pint = 1/64 bushel = 1/2 dry quart |
| 1 dry quart = 1/32 bushel = 1/8 peck |
| 1 peck = 1/4 bushel |
| 1 U.S. bushel (basic unit of dry capacity in the United States) = 2,150.4 cubic inches |
| 1 imperial bushel (basic unit of dry capacity in some Commonwealth nations) = 2,219.4 cubic inches |
Conversion Factors |
| 1 cubic centimeter = 0.06 cubic inch |
| 1 cubic inch = 16.4 cubic centimeters |
| 1 cubic yard = 0.765 cubic meter |
| 1 cubic meter = 1.3 cubic yards |
| 1 milliliter = 0.034 fluid ounce |
| 1 fluid ounce = 29.6 milliliters |
| 1 U.S. quart = 0.946 liter |
| 1 liter = 1.06 U.S. quarts |
| 1 U.S. gallon = 3.8 liters |
| 1 imperial gallon = 1.2 U.S. gallons = 4.5 liters |
| 1 liter = 0.9 dry quart |
| 1 dry quart = 1.1 liters |
| 1 dekaliter = 0.28 U.S. bushel |
| 1 U.S. bushel = 0.97 imperial bushel = 3.5 dekaliters |
Metric System |
| 1 milligram = 1/1,000,000 kilogram = 1/1,000 gram |
| 1 centigram = 1/100,000 kilogram = 1/100 gram |
| 1 decigram = 1/10,000 kilogram = 1/10 gram |
| 1 gram = 1/1,000 kilogram |
| 1 dekagram = 1/100 kilogram = 10 grams |
| 1 hectogram = 1/10 kilogram = 100 grams |
| 1 kilogram (basic unit of weight or mass) |
| 1 metric ton = 1,000 kilograms |
American and British Units: Avoirdupois |
| 1 grain = 1/7,000 pound = 1/437.5 ounce |
| 1 dram = 1/256 pound = 1/16 ounce |
| 1 ounce = 1/16 pound |
| 1 pound (basic unit of weight or mass) |
| 1 short hundredweight = 100 pounds |
| 1 long hundredweight = 112 pounds |
| 1 short ton = 2,000 pounds |
| 1 long ton = 2,240 pounds |
American and British Units: Troy and Apothecaries' |
| 1 grain = 1/7,000 avoirdupois pound = 1/5,760 troy or apothecaries' pound |
| 1 apothecaries' scruple = 20 grains = 1/3 dram |
| 1 pennyweight = 24 grains = 1/20 troy ounce |
| 1 apothecaries' dram = 60 grains = 1/8 apothecaries' ounce |
| 1 troy or apothecaries' ounce = 480 grains = 1/12 troy or apothecaries' pound |
| 1 troy or apothecaries' pound = 5,760 grains = 5,760/7,000 avoirdupois pound |
Conversion Factors |
| 1 milligram = 0.015 grain |
| 1 grain = 64.8 milligrams |
| 1 gram = 0.035 avoirdupois ounce |
| 1 avoirdupois ounce = 28.35 grams |
| 1 troy or apothecaries' pound = 0.82 avoirdupois pound = 0.37 kilogram |
| 1 avoirdupois pound = 1.2 troy or apothecaries' pounds = 0.45 kilogram |
| 1 kilogram = 2.205 avoirdupois pounds |
| 1 short ton = 0.9 metric ton |
| 1 metric ton = 1.1 short tons |
See histories of the prayer book by J. H. Blunt (1868), F. E. Brightman (2d ed. 1921, repr. 1970), J. W. Suter and G. J. Cleaveland, The American Book of Common Prayer (1949); M. H. Shepherd, The Oxford American Prayer Book Commentary (1950); G. Cuming, A History of Anglican Liturgy (1969, repr. 1980).
Marriage that is without a civil or religious ceremony and is based on the parties' agreement to consider themselves married and usually also on their cohabitation for a period of time. Most jurisdictions no longer allow this type of marriage to be formed, though they may recognize such marriages formed before a certain date or formed in a jurisdiction that permits such marriages.
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Nonmigratory, earless seal (Phoca vitulina) found throughout the Northern Hemisphere. Harbour seals are whitish or grayish at birth, generally gray with black spots as adults. The adult male may reach a length of about 6 ft (1.8 m) and a weight of almost 300 lb (130 kg); the female is somewhat smaller. Found along coastlines and in a few freshwater lakes in Canada and Alaska, the harbour seal is a gregarious animal that feeds on fish, squid, and crustaceans. It is of little economic value and in some areas is considered a nuisance by fishermen.
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Sage (Salvia officinalis)
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(born Aug. 4, 1816, Shenandoah, N.Y., U.S.—died July 22, 1906, Lawrence Beach, N.Y.) U.S. financier. He worked as an errand boy, studying arithmetic and bookkeeping in his spare time, and in 1839 he started a wholesale grocery business, which earned him enough money to start a Hudson River shipping trade. He served in Congress (1853–57). Sage invested successfully in the La Crosse Railroad in Wisconsin, and he eventually acquired an interest in more than 40 railroads, serving as director or president of 20. He helped organize the Atlantic & Pacific Telegraph Co. In 1872 he originated stock-market puts and calls (options to buy or sell a set amount of stock at a set price and within a given time limit), but he stopped dealing in them after losing $7 million in the panic of 1884. His wife, Margaret Olivia Sage, established the Russell Sage Foundation and Russell Sage College (Troy, N.Y.) after his death.
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Swift, slender-bodied baleen whale (Balaenoptera physalus) named for the ridge on its back. It is 59–89 ft (18–27 m) long, with a triangular dorsal fin, short baleen, and several dozen grooves along its throat and chest. It is gray, with white on the underparts and on the right side of the lower jaw. It is found in oceans worldwide, in groups of a few to several hundred. It lives in polar waters in summer, feeding on crustaceans and small fishes, and moves to warmer waters in winter to breed. Once commercially valuable, it has been substantially reduced in numbers by overhunting and is now listed as an endangered species.
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Body of law based on custom and general principles and that, embodied in case law, serves as precedent or is applied to situations not covered by statute. Under the common-law system, when a court decides and reports its decision concerning a particular case, the case becomes part of the body of law and can be used in later cases involving similar matters. This use of precedents is known as stare decisis. Common law has been administered in the courts of England since the Middle Ages; it is also found in the U.S. and in most of the British Commonwealth. It is distinguished from civil law.
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Any plant of the genus Ficus, in the mulberry family, especially Ficus carica, the common fig. Yielding the well-known figs of commerce, F. carica is native to an area from Asiatic Turkey to northern India, but natural seedlings grow in most Mediterranean countries, where figs are used extensively, both fresh and dried. It is a bush or small tree with broad, rough, deciduous leaves (see deciduous tree). Hundreds of different varieties are grown in various parts of the world. The fig was one of the first fruit trees to come under cultivation. Its fruit contains significant amounts of calcium, potassium, phosphorus, and iron.
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Viral infection of the upper and sometimes the lower respiratory tract. Symptoms, which are relatively mild, include sneezing, fatigue, sore throat, and stuffy or runny nose (but not fever); they usually last only a few days. About 200 different strains of virus can produce colds; they are spread by direct or indirect contact. The cold is the most common of all illnesses; the average person gets several every year. Incidence peaks in the fall. Treatment involves rest, adequate fluid intake, and over-the-counter remedies for the symptoms. Antibiotics do not combat the virus but may be given if secondary infections develop.
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Large European beetle (Melolontha melolontha) that damages foliage, flowers, and fruit as an adult and plant roots as a larva. In Britain, the name refers more broadly to any of the beetles in this subfamily (Melolonthinae), which are known in North America as June beetles. Seealso chafer, scarab beetle.
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Hardy, greenish brown fish (Cyprinus carpio, family Cyprinidae) native to Asia but introduced into Europe, North America, and elsewhere. Large-scaled, with two barbels (fleshy, whiskerlike feelers) on each side of its upper jaw, the carp lives alone or in small schools in quiet, weedy, mud-bottomed ponds, lakes, and rivers. An omnivore, it often stirs up sediment while rooting about for food, adversely affecting many plants and animals. Carp grow to an average length of about 14 in. (35 cm); some grow to 40 in. (100 cm) and 49 lbs (22 kg). In captivity they may live more than 40 years.
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Association of European countries designed to promote European economic unity. It was established by the Treaty of Rome in 1957 to develop the economies of the member states into a single common market and to build a political union of the states of western Europe. The EEC also sought to establish a single commercial policy toward nonmember countries, to coordinate transportation systems, agricultural policies, and general economic policies, to remove measures restricting free competition, and to assure the mobility of labour, capital, and entrepreneurship among member states. The liberalized trade policies it sponsored from the 1950s were highly successful in increasing trade and economic prosperity in western Europe. In 1967 its governing bodies were merged into the European Community. In 1993 the EEC was renamed the European Community (EC); it is now the principal organization within the European Union.
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