Anglo-American Law: Common Law History

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Questions and Answers

What is a defining characteristic of common law?

It requires the use of juries only.

It is codified and systematic.

It is based on judicial precedents. (correct)

It relies heavily on scientific principles.

What significant document was established in 1215 that influenced the development of common law?

The Habeas Corpus Act

The Magna Carta (correct)

The Bill of Rights

The Treaty of Paris

Which of the following best describes the 'ratio decidendi' in judicial precedent?

The dissenting opinions of judges.

The side comments made by judges.

The historical context of the case.

The underlying legal principle or reason for a decision. (correct)

In the case of Donoghue v Stevenson, what was the primary issue regarding Mrs. Donoghue?

She could not claim through a breach of warranty of contract. (A) Signup and view all the answers

Which of the following is NOT a source of law in England and Wales?

Common consent (A) Signup and view all the answers

The term 'stare decisis' refers to which principle in common law?

The obligation to follow precedents. (B) Signup and view all the answers

Which of the following describes the significance of the 'court of Chancery'?

It was designed to produce just outcomes through equity. (D) Signup and view all the answers

What impact did the Habeas Corpus Act of 1679 have on common law?

It protected against unlawful detention. (B) Signup and view all the answers

What legal duty does a manufacturer owe to the consumer according to the case?

To take reasonable care that the product is free from defects likely to cause injury (C) Signup and view all the answers

Who expressed the legal proposition in the case Donoghue v Stevenson?

Lord Atkin (C) Signup and view all the answers

What establishes the foundation for the duty of care owed to consumers?

The principle of reasonable foreseeability (A) Signup and view all the answers

What does 'obiter dicta' refer to in legal terms?

Additional comments that are not essential to the decision (B) Signup and view all the answers

What other significant cases are mentioned alongside Donoghue v Stevenson?

Hedley Byrne v Heller and Caparo Industries plc v Dickman (C) Signup and view all the answers

What legal principle ensures that precedents in law are followed?

Stare decisis (A) Signup and view all the answers

What is meant by the term 'Neighbour Principle' in this context?

Duty of care is owed to individuals closely and directly affected by one's actions (C) Signup and view all the answers

What outcome did the House of Lords declare regarding the proposition put forth by Lord Atkin?

The appeal should be allowed affirming the proposition (A) Signup and view all the answers

Study Notes

Introduction to Anglo-American Law: Session 2 - History of the Common Law

Anglo-American law is uncodified, meaning laws are not formally written down in one document.
It relies on precedent, which are previous rulings by courts that establish legal principles for similar future cases.
This system is adversarial, where opposing parties present their evidence and arguments to a neutral judge or jury.
Juries play a role in deciding guilt or innocence in trials.
The common law originated in Norman England.
Writs (royal orders) were the initial mechanisms for seeking legal redress.
The court of Chancery developed to provide fairness (equity) where common law fell short.
The magna Carta (1215) was a cornerstone document.
The "Common Law" emerged around 1250.
The Habeas Corpus Act (1679) established the right to due process.
England and Wales have an unwritten constitution.
Key concepts in the system are separation of powers and parliamentary supremacy.
The rule of law is also a fundamental principle.

Sources of Law in England and Wales

Sources of law in England and Wales include:
- Case law: Decisions of courts create legal precedents.
- Statute law: Laws passed by Parliament.
- Statutory interpretation: The process of courts deciding what statutes mean in specific cases.
- Delegated legislation: Laws made by government bodies under powers given to them by Parliament.
- European law: Laws coming from the EU.
- Custom: Traditional practices with legal force.
- Equity: Principles of fairness and justice supplements common law.
- Treaties: Agreements between countries.
- Law reform: Changes to the law.

Case Law: Judicial Precedent

Judicial precedent is based on the principle of stare decisis (to stand by things decided).
Ratio decidendi: The legal reasoning behind a court's decision, binding on future cases.
Obiter dicta: Judge's observations not essential to the decision, not binding.
Key case law examples mentioned:
- Donoghue v Stevenson [1932] AC 562: "Snail in the Bottle" case, established the neighbour principle and duty of care regarding defective products, affecting manufacturers.
- Hedley Byrne & Co Ltd v Heller & Partners Ltd: A landmark case concerning negligent misstatement, introducing a duty of care to prevent negligent advice.
- Home Office v Dorset Yacht Co: Liability for the actions of third parties.
- Caparo Industries plc v Dickman: establishing the three-part test to determine if a duty of care exists under the neighbour principle.

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Description

Explore the pivotal history of the Common Law in this quiz, focusing on its origins in Norman England and the key legal principles that shaped the Anglo-American legal system. Understand the significance of the Magna Carta and the development of writs and equity in providing fairness in legal proceedings.