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Legal Definitions - custom

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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Definition of custom

Definition: A practice that has become widely adopted and accepted as a rule or law due to its long-standing and consistent use. There are different types of customs:

  • General custom: A custom that is prevalent throughout a country and is considered a source of law.
  • Legal custom: A custom that operates as a binding rule of law, independently of any agreement.
  • Local custom: A custom that is specific to a defined locality, such as a city or county, and constitutes a source of law for that place only.
  • Conventional custom: A custom that is indirectly enforced through agreements between parties and is considered conventional law between them.

Examples:

  • A general custom in the United States is the practice of shaking hands when meeting someone for the first time.
  • Legal custom in the United Kingdom includes the right of way for pedestrians on zebra crossings.
  • A local custom in Hawaii is the practice of giving leis as a form of greeting or farewell.
  • A conventional custom in the business world is the practice of sending invoices for payment within 30 days of receipt.

These examples illustrate how customs can vary in scope and application, but they all share the common characteristic of being widely accepted and followed within a particular context or community.

It is better to risk saving a guilty man than to condemn an innocent one.

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Simple Definition

Custom: A way of doing things that people have been doing for a long time and is now considered like a rule. There are different types of customs, like ones that are followed by everyone in a country, ones that businesses follow, and ones that only apply to a certain place. Some customs are so important that they are treated like laws, even though they were not made by a government. Customary law is a type of law that comes from customs that have been around for a long time and are seen as very important.

The difference between ordinary and extraordinary is practice.

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The life of the law has not been logic; it has been experience.

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