Should have substituted "reasonable" for "having common sense", NJ. That's a concept which still holds sway in our courts ("reasonable doubt","reasonable excuse" etc) and which keeps lawyers in business. I bet there are still cases appealed from the mags to the High Court which plead that the judgment was not a reasonable finding.
Common sense, on the other hand, was once described by Christmas Humphries QC, sitting at the Old Bailey as "unappealable". He had taken exception to being told that a certain order he proposed was not open to him. This was his pithy response to his clerk: "I shall do it anyway.It's common sense, and in my experience common sense is unappealable" (And he did, and it wasn't questioned) In those days, common sense was clearly understood.