Dave's ESL Cafe's Student Discussion Forums

[jennyshi]

In England events turned out otherwise. The common-law courts had succeeded in driving the old mercantile courts out of business. To fill the void , they allowed mechants to base their cases in the common-law courts on the "custom of mechants" or law merchant. In the latter part of 18th century the courts took judicial notice of mecantile custom, thus making it part of the common law.

What is the difference between "mercantile" and "business" under the old Egnland circumstances ?

What does judicial notice mean ? Is judicial "notice same" as "code"?
Would please help me ?

[bud]

1. They are synonymous, although 'mercantile' is always an adjective while 'business' can be an adjective or a noun.

2. No. It means that the judges 'took into account' (or 'took into consideration') the long-used common business practices (or mercantile practices) when deciding cases.

Notes:

'driving the old mercantile courts out of business' - The mercantile courts were driven out of existence. 'Out of business' is an expession that sometimes is used literally and sometimes metaphorically.

common law - This is unwritten law based on age-old customs. For example, 'common law marriage' is recognized in parts of the English-speaking world, although it is disappearing. That is, if a man and a woman live together for 7 years, then they are considered married in the 'eye of the law' even though there was never an official ceremony.

Hope that helps.

[jennyshi]

Thank you very much for your professional direction.