common formn.

Brit.

/ˌkɒmən ˈfɔːm/, U.S.

/ˌkɑmən ˈfɔrm/

Forms: see common adj. and adv. and form n.

Origin: Formed within English, by compounding. Etymons: common adj., form n.

Etymology: < common adj. + form n.Compare post-classical Latin communis forma (13th cent. in a British source in sense 1).

Chiefly British.

1. Originally Law: a customary or established form of words used in legal contexts; esp. one used in a plea (plea n. 4a) in a common law action (now historical and somewhat rare). Later more generally: a customary or conventional expression, concept, etc.; what is usually done; accepted procedure.

ΚΠ

1581 W. Lambarde Eirenarcha i. xvi. 90 The recognisance may then be according to common form, with an & praecipue versus, &c.

1648 J. March Reports 68 Justice Crooke and Justice Barckley..were clear, that the plea was good; for so is the common form of pleading.

a1754 J. Strange Rep. Cases (1755) 1 384 The defendants in error were afraid to take any costs, whereupon the judgment of affirmance was entered up in common form.

1872 J. Morley Voltaire i. 6 Hardly a page of all these countless leaves is common form. Hardly a sentence is there..which was said because some one else had said it before.

1905 Spectator 18 Feb. 242 The article is what lawyers know as ‘common form’, and means simply that the nation leaves it to its Executive to settle the details.

1936 T. F. T. Plucknett Conc. Hist. Common Law (ed. 2) ii. i. iii. 361 The course of the common law started with a statement of the nature of the claim which was largely common form.

1969 G. Clark World Prehist. (ed. 2) iv. 70 It is common form to designate these ways of gaining a living as parasitic.

2000 E. Dell Strange Eventful Hist. xii. 319 It became common form for the Labour party to complain that it only won office at a time of capitalist crisis.

2. Law. A form of probate (probate n. 2a) typically employed when a will is uncontested or presents no obvious difficulties, by which the will is authorized by a court without substantial deliberation, on the basis of an affirmation or oath submitted by the executor.Contrasted with solemn form, which is typically employed when the validity of a will is contested.

ΚΠ

1607 J. Cowell Interpreter sig. Fff1^v A will proued only in common forme, may be called into question any time within 30. yeares after by common opinion.

1766 W. Blackstone Comm. Laws Eng. II. 508 The executor..must prove the will of the deceased: which is done either in common form, which is only upon his own oath before the ordinary, or his surrogate; or per testes, in more solemn form of law, in case the validity of the will be disputed.

1857 Act 20 & 21 Victoria c. 77 §2 ‘Common Form Business’ shall mean the Business of obtaining Probate and Administration where there is no Contention as to the Right thereto, [etc.].

1999 Chitty's Law Jrnl. & Family Rev. 47 37/1 Upon proof in common form probate of the purported will was granted on December 21 1984 to the named executrix.

This entry has been updated (OED Third Edition, June 2021; most recently modified version published online March 2022).

单词	common form
释义	common formn. Brit. /ˌkɒmən ˈfɔːm/, U.S. /ˌkɑmən ˈfɔrm/ Forms: see common adj. and adv. and form n. Origin: Formed within English, by compounding. Etymons: common adj., form n. Etymology: < common adj. + form n.Compare post-classical Latin communis forma (13th cent. in a British source in sense 1). Chiefly British. 1. Originally Law: a customary or established form of words used in legal contexts; esp. one used in a plea (plea n. 4a) in a common law action (now historical and somewhat rare). Later more generally: a customary or conventional expression, concept, etc.; what is usually done; accepted procedure. ΚΠ 1581 W. Lambarde Eirenarcha i. xvi. 90 The recognisance may then be according to common form, with an & praecipue versus, &c. 1648 J. March Reports 68 Justice Crooke and Justice Barckley..were clear, that the plea was good; for so is the common form of pleading. a1754 J. Strange Rep. Cases (1755) 1 384 The defendants in error were afraid to take any costs, whereupon the judgment of affirmance was entered up in common form. 1872 J. Morley Voltaire i. 6 Hardly a page of all these countless leaves is common form. Hardly a sentence is there..which was said because some one else had said it before. 1905 Spectator 18 Feb. 242 The article is what lawyers know as ‘common form’, and means simply that the nation leaves it to its Executive to settle the details. 1936 T. F. T. Plucknett Conc. Hist. Common Law (ed. 2) ii. i. iii. 361 The course of the common law started with a statement of the nature of the claim which was largely common form. 1969 G. Clark World Prehist. (ed. 2) iv. 70 It is common form to designate these ways of gaining a living as parasitic. 2000 E. Dell Strange Eventful Hist. xii. 319 It became common form for the Labour party to complain that it only won office at a time of capitalist crisis. 2. Law. A form of probate (probate n. 2a) typically employed when a will is uncontested or presents no obvious difficulties, by which the will is authorized by a court without substantial deliberation, on the basis of an affirmation or oath submitted by the executor.Contrasted with solemn form, which is typically employed when the validity of a will is contested. ΚΠ 1607 J. Cowell Interpreter sig. Fff1^v A will proued only in common forme, may be called into question any time within 30. yeares after by common opinion. 1766 W. Blackstone Comm. Laws Eng. II. 508 The executor..must prove the will of the deceased: which is done either in common form, which is only upon his own oath before the ordinary, or his surrogate; or per testes, in more solemn form of law, in case the validity of the will be disputed. 1857 Act 20 & 21 Victoria c. 77 §2 ‘Common Form Business’ shall mean the Business of obtaining Probate and Administration where there is no Contention as to the Right thereto, [etc.]. 1999 Chitty's Law Jrnl. & Family Rev. 47 37/1 Upon proof in common form probate of the purported will was granted on December 21 1984 to the named executrix. This entry has been updated (OED Third Edition, June 2021; most recently modified version published online March 2022). < n.1581
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